DIPANKAR DATTA, J. - (1.) THESE three writ petitions were heard separately but having regard to the commonality of the subject matter of dispute involved therein, the same are proposed to be disposed of by this judgment and order.
(2.) SINCE hearing of W.P. No. 4092(W) of 2015 concluded before the other writ petitions were heard, the same is taken up for consideration first.
(3.) THE petitioner, holder of M.A., B.T. degrees, is the assistant headmaster of Nabadwip Bakultala High School (Boys'), (hereafter the school). In this writ petition dated February 6, 2015, the petitioner while challenging the appointment of the sixth respondent as the teacher-in-charge of the school has prayed for the following relief: "Under the circumstances stated above, your petitioner most humbly prays that Your Lordships would graciously be pleased to issue- a) A writ in the nature of Mandamus commanding the Respondents and/or their men, agents or subordinates to show cause as to why the impugned decision dated January 19, 2015 of the managing committee of Nabadwip Bakultala High School (Boys'), Netaji Subhas Road, Post Office - Nabadwip, District - Nadia thereby illegally selecting and appointing the respondent No. 6 as Teacher in Charge of the said School should not be set aside, cancelled and/or quashed forthwith; b) A Writ in the nature of mandamus commanding the respondents and/or their men, agents and/or subordinates in office to show cause as to why the illegal selection and appointment of the respondent No. 6 as Teacher in Charge of the said School should not be set aside, quashed and cancelled forthwith; c) A Writ in the nature of Certiorari directing the respondents and/or their men, agents or subordinates to transmit all relevant records pertaining to this case before The Hon'ble Court so that conscionable justice may be administered after perusing the same;" Mr. Biswaroop Bhattacharya, learned advocate representing the petitioner relied on several decisions of learned Judges of this Court including two decisions of this Bench to contend that in the event of absence of a headmaster in an aided school governed by the Management of Recognised Non-Government (Aided and Unaided) Institutions Rules, 1969, the assistant headmaster thereof ought to be appointed as the teacher-in-charge so long the post of headmaster is not filled up on permanent basis in terms of the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 (hereafter the 2007 Rules), and that the managing committee of an aided school has no authority to bypass the claim of the assistant headmaster and to appoint any other assistant teacher as the teacher-in-charge. He has, accordingly, prayed for an order for quashing of the decision dated January 19, 2015, taken by the managing committee of the school to appoint the sixth respondent as the teacher-in-charge and to consider the petitioner's candidature for such appointment.;