- (1.) This appeal would have a chequered career. The issue relates to appointment of primary teacher that would relate back to 1989-90. Series of orders were passed by this Court as well as at the Government level. The present lis would arise out of an order, appearing at page 188 of the petition that would give a denial to the 294 candidates for being approved by the District Primary School Council, Bankura. The writ petitioners, being the respondents herein, challenged the order dated December 20, 2012 by filing the writ petition, being W.P. No. 27359 (W) of 2013, that is pending before the learned Single Judge after affidavits. The matter is yet to be finally disposed of. Yet, the learned Judge already directed the Commissioner to approve the panel that would make the writ petition infructuous. The present appeal would relate to an order dated March 16, 2015 which is quoted below : "Pursuant to my earlier order dated 10th March, 2015 the Chairperson, District Primary School Council, Bankura, is present before this Court and submitted that the case of the petitioner was forwarded for approval before the Commissioner of School Education. However, reminders were also given to him but no response. It appears from the order passed by the learned Single Judge of this Court and also observed by the Hon'ble Division Bench of this Court that the petitioners, if having trained qualification, are entitled to get appointment. Accordingly, the Commissioner of School Education who is also present before this Court is directed to grant approval in favour of the writ petitioners, as sought for by the Chairperson, District Primary School Council, Bankura, within a week from date. Personal appearance is dispensed with until further orders. Matter to appear under the heading "Contempt Application' after a week i.e. on 23rd March, 2015."
(2.) Learned counsel appearing for the appellants would contend, Commissioner, School Education was present in connection with another matter before this Court. His Lordship asked the Commissioner to look into the matter and directed to grant approval in favour of the writ petitioners. His Lordship directed the matter to appear under the heading 'Contempt Application' although on that day no contempt proceeding was pending. The State was aggrieved. They wanted to prefer an appeal. They applied for certified copy of the order on April 7, 2015. Since this Bench does not permit any appeal to be filed without a certified copy, matter was mentioned on more than one occasion. We asked the Registrar (Administration) to see it that certified copy be delivered at the earliest. Despite best efforts, the Registrar could not do it. We asked the Registrar to give certified copy of the server copy and with the same the present appeal has been filed.
(3.) Considering the peculiar circumstance, we ignore the office report and direct appeal to be regularized.;