NARAYAN MONDAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-6-82
HIGH COURT OF CALCUTTA
Decided on June 27,2013

Narayan Mondal Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THIS writ application is filed by the petitioner assailing an order passed by the respondent no. 3 under Memo No. L.C.557/1(3), dated June 18, 2012.
(2.) BY virtue of the impugned order, the respondent no. 3 rejected the panel prepared for appointment of a nonteaching staff (GroupD) of Herobhanga Vidyasagar Vidyamandir (H.S.), DistrictSouth24 Parganas. The petitioner participated in the selection process in question and his name appeared on top of the panel sent to the respondent no. 3 for approval. Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that the ground for rejecting the panel is as follows: "The panel of Group 'D' which was submitted to the Managing Committee for its approval but the Managing Committee did not approve the panel and rejected it as it is illegal. They forwarded it to the District Inspector of Schools (Secondary Education), South 24 Parganas for its final approval."
(3.) THE respondent no. 3 discharged a statutory function in the matter of approval of the panel in question in accordance with the provisions of the West Bengal Schools (Recruitment of Nonteaching staff) Rules 2005 and the provisions of Clause (b) of SubRule (7) of Rule 9 of the aforesaid Rules were relevant for resolving the dispute with regard to the issue involved in the matter and the above provisions are set out below: "(7)(b) ­ The appointing authority shall, within fifteen days from the date of submission of the panel by the selection committee, examine the panel and, along with all relevant papers, submit the same to the District Inspector of Schools for his approval." ;


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