Samapti Chatterjee, J. - (1.) THE instant writ petition was filed by the petitioners challenging the impugned Memo being No. 808 dated 18th August, 2006 issued by the Executive Officer, Karimpur -II Panchayat Samity whereby the petitioners were informed by the Secretary of Madhyamik Siksha Kendra (hereinafter referred to as 'MSK') thus instead of according approval to the petitioners' service directed to advertise the said vacancies afresh following the 'MSK' guidelines.
(2.) THE petitioners' case in brief is as follows: - That the petitioner No. 1 is a post graduate in Humanities in the year 1984 from the University of Calcutta having History, Political Science and Bengali as elective subjects and English as additional subjects. The petitioner No. 2 passed B.Sc. (2 years) in the year 1989. Both of the petitioners enrolled their names with the local employment exchange. It is contended that the Government of West Bengal in collaboration with the Union of India undertook various projects, namely, "School Learning Improvement Programme", "Integrated Learning Improvement Programme" and also "Sarva Siksha Aviyan" with the intention to educate/develop literacy among the children in urban and semi -urban areas and to promote effective literacy programme among the poor people of the village Gorbhanga under the jurisdiction of Natidanga -II Gram Panchayat and a new Madhyamik Siksha Kendra ('MSK') namely Gorbhanga was set up initially for the students of Class -V and VI. Thereafter on the demand of students the said 'MSK' was upgraded to class VII. Since it was upgraded, therefore, to meet need of teachers in Social Science Group and in Science Group for the Session 2006 -2007 the Managing Committee in its meeting being No. 8 dated 2nd March 2006 adopted a resolution to the effect that two posts of Samprasarak and Samprasarika in the Social Science Group and Science Group would be appointed in the said school following the guidelines. In the said meeting the Managing Committee unanimously adopted the decision to appoint one Samprasarak and one Samprasarika in addition to the existing two Samprasarks in the said 'MSK' with the intention to run the said "MSK' smoothly. The resolution of the said meeting dated 2nd March, 2006 was sent to the Sabhapati and Executive Officer of Karimpur -II, Panchayat Samity vide letter dated 17th April, 2006 by the Secretary, Gorbhanga and 'MSK' for their information and necessary action. It is further submitted that to fill up vacant posts of Samprasarak the Secretary of the said 'MSK' on 10th March, 2006 notified/displayed an advertisement in the notice board of the said 'MSK' as also in the notice board of Natidanga -II Gram Panchayat inviting applications from the intending eligible candidates preferably residing under the jurisdiction of Natidanga -II Gram Panchayat. In the said advertisement it was also mentioned that the appointment to the post of Samprasarak would be on contractual basis for period of one year. It was further mentioned in the advertisement that the minimum qualification for the post of Samprasarak of the Life Science Group would be B.Sc. (Bio) and for the post of Samprasarak of Social Science Group minimum requisite qualification would be graduate with History as one of the elective subject. The said advertisement also disclosed that the applicants for those two vacant posts must be the permanent resident of Natidanga -II Gram Panchayat and he/she would be approximate age of 40 years and last date of submission of application was fixed as 31st March, 2006. Since the petitioners were having requisite qualifications and also fulfilled other requirements as per advertisement they submitted applications in plain paper before the Secretary of the said 'MSK' on 20th march, 2006. As no other candidate applied for the said posts the Managing Committee on 24th August, 2006 adopted a resolution to the effect that since only two applications applied for the said post, therefore, their applications were accepted and the petitioners were asked to execute the agreement with the Secretary of the said school for appointment as Samprasarak and Samprasarika on contractual basis with effect from 1st May, 2006, which would continue till 30th April, 2007. It is further submitted that pursuant to the said resolution dated 24th April, 2006 the petitioners on 27th April, 2006 separately executed an agreement for appointment to the post of Samprasarak and Samprasarika in the said school for a period of one year. The Managing Committee of the said 'MSK' vide its letter dated 3rd May, 2006 intimated the Executive Officer, Karimpur -II Panchayat Samity regarding the appointment of the two petitioners in the said 'MSK' as Samprasarak and Samprasarika. It was also revealed that after newly formed Managing Committee took charges of the said 'MSK' meeting was held on 23rd July, 2006 where all the members unanimously accepted decision that the appointment of the petitioners to the post of Samprasarak and Samprasarika respectively was given by the erstwhile managing Committee after strictly following the guidelines. It is further contended that while both the petitioners were satisfactorily discharging their duties as Samprasarak and Samprasarika of the said 'MSK', then all on a sudden by the impugned Memo No. 808 dated 18th August, 2006 the Secretary of the said 'MSK' instead of according approval to the appointment of the petitioners' informed the said 'MSK' to advertise for the said vacancies afresh following the 'MSK' guidelines. Challenging the impugned order being Memo No. 808 dated 18th August, 2006 the petitioners filed the instant writ petition before this Hon'ble Court. The Hon'ble Court after hearing the learned Advocates appearing for the respective parties vide order dated 11th April, 2007 restrained the respondents from disturbing the engagement of the petitioners during the contractual period. It was also observed by the Hon'ble Court that pendency of the writ petition would not debar the concerned authority from considering the prayer for re -engagement of the petitioners for the subsequent period. The extract of the said order dated 11th April, 2007 is quoted below: - "The concerned respondents are restrained from disturbing the engagement of the petitioners during the contractual period. The pendency of this writ petition will not debar the concerned authority from considering the prayer for re -engagement of the petitioners for the subsequent period." Pursuant to the interim order the petitioners engagement were time to time renewed by the said 'MSK' till date. Despite direction given by the Hon'ble Court vide its order dated 11th April, 2007 till date no affidavit -in -opposition was filed by the state authorities.
(3.) MR . Debabrata Saha Roy, learned Advocate appearing for the petitioners contended that the impugned order is bad in law as it was not issued by the competent authority.;