- (1.) Let the affidavit of service be kept on record. This writ application is directed against an order dated April 12, 2013 passed by the respondent No. 3. By virtue of the order impugned, the respondent No. 3 rejected the panel prepared by the Nityanandapur High School, District Bankura for the post of non-teaching staff (Clerk) under Scheduled Caste category. For proper adjudication of the decision making process of the respondent No. 3 in passing the impugned order, the ground referred to the above order is quoted below: 1) that the school authority did not submit the panel to this office within fifteen days from the date of interview. In G.O. No. 1594-SE(S) dated. 26.2.2005, it has been vividly mentioned panel should be furnished to the office of the District Inspector of Schools (SE) concerned within fifteen days from the date of interview. It Is observed that the Interview will be held on 2.9.08 and selection committee approved the panel on the same date. But the managing committee accepted the panel on 4.3.2009 vide managing committee meeting No. 9/2008-9 dated 4.3.2009 which is later than six months from the date of holding interview. 2) that two members of the managing committee on the meeting dated 4.3.09 could not be agreed to the panel and foot note of dissent which Indirectly meaning lack of transparency regarding preparation of the panel of the said post. In the matter of acceptance of the panel, 9 members of the managing committee were In favour of the panel, whereas two members were in opposite pole. For the reasons stated above, the undersigned was unable to accord approval to the panel which the school authority placed after expiry of a long period and It Is not admissible as per rule.
(2.) So far as the first ground is concerned, the preparation of a panel for appointment of a non-teaching staff in a Non Government Aided Educational Institution is governed by the provisions of Recruitment of Non Teaching Staff Rules, 2005. For proper adjudication of the issue involved in this matter, the provisions of Clauses (a) and (b) of sub-rule 7 of Rule 9 are relevant and those provisions are quoted below: 7 (a) The selection committee shall within, fifteen days from the date of Interview, prepare a panel and submit the same to the appointing authority. (b) The appointing authority shall, within fifteen days from the date of submission of the panel by the selection committee, examine the panel and, alongwith all relevant papers, submit the same to the District Inspector of Schools for his approval.
(3.) In view of the above provisions, the school was under obligation to send the panel prepared for the approval of the respondent No. 3 within 15 days from the date of interview but the same was sent beyond the above period. After perusing the above provisions of the West Bengal School Recruitment of Non Teaching Staff Rules, 2005, I find that it is a procedural law. In the event, it is interpreted as a mandatory provisions then the eligible candidate whose names appeared in the panel may be prejudiced due to whims and caprice on the part of the managing committee of the concerned school by sending the panel beyond the above period. On the other hand, if it is interpreted as directory provisions, in that event, the managing committee of the concerned school may withhold the panel for an indefinite period and the consequence will be uncertainty of the fate of the selected, candidates. Therefore, the intention of the framer of the rule was that the above provision is mandatory for its substantial compliance and directory so far as its strict compliance is concern.;