- (1.) The petitioner filed the present writ petition for cancellation/withdrawal/quashing of the Memo No.60/1(7)IC/LS/35/10 dated 26th March, 2010 thus observing the act of the District Inspector of School (S.E) Burdwan is highly regrettable therefore, appropriate action should be taken against the then District Inspector of School (S.E) Burdwan namely Sri Prabir Pattanayak and also for cancellation/quashing of the order dated 29th March, 2010 issued by the District Inspector of School (S.E) Burdwan whereby the prior permission accorded by the District Inspector of School (S.E) Burdwan vide its Memo No.1425 (A) dated 23rd July, 2008 was withdrawn.
(2.) The facts of the case in brief is as follows :- That the Burdwan Nehru Vidya Mandir High School on 15th July, 2008 obtained prior permission for opening Science Stream for Higher Secondary Council. Thereafter on 23rd July, 2008 the prior permission of the post of Laboratory Assistant/Attendant was duly accorded and on 13th January, 2009 an advertisement was published in daily newspaper namely "The Statesman" for recruitment of Laboratory Assistant/Attendant in Burdwan Nehru Vidya Mandir High School. In response to the said advertisement petitioner applied for the said post of Laboratory Assistant/Attendant and on 30th January, 2009 vide an interview letter the petitioner was asked to appear before the Selection Committee. Thereafter the panel was prepared and the said panel was sent for approval to the concerned District Inspector of School for his approval but the concerned District Inspector of School vide Memo dated 1st October, 2009 expressed his view that the District Inspector of school is not in a position to take any decision in respect of the said panel therefore, all papers partnering to the said panel were sent before the District Inspector of School for necessary action. Challenging the said letter dated 1st October, 2009 the petitioner filed a writ petition before this Hon'ble Court as the petitioner came to learn that his name is appearing in the top of the panel. The said order dated 1st October, 2009 was also challenged by the Managing Committee of the said school by filing a separate writ petition being W.P No.254 (W) of 2010. The said writ petition was disposed of by this Hon'ble Court on 25th February 2010 whereby this Hon'ble Court was pleased to set aside the said Memo dated 1st October, 2009 passed by the District Inspector of school and directed the Director of School Education to dispose of the case by passing a reasoned order within a stipulated period. Pursuant to the said order dated 25th February, 2010 the said Director of school after given an opportunity of hearing to the interested parties including the Managing Committee of the said School and the teacher-in-charge of the said school refused to grant any approval to the panel sent by the said school including the panel of Laboratory Attendant vide the impugned order dated 26th March, 2010 and on the self same date i.e. on 26th March, 2010 the said District Inspector of School withdrew the prior permission issued to the School Authority under Memo dated 23rd July, 2008 and such withdrawal was communicated to the said school vide Memo dated 29th March, 2010 which is also under challenge in the said writ petition. The School Authority immediately filed a writ petition against the illegal withdrawal of the prior permission which is still pending before this Hon'ble Court.
(3.) Mr. Kashikanta Maitra, Learned Senior counsel appearing for the petitioner submitted that the Director has no jurisdiction/ authority to disapprove the panel of Laboratory Attendant with the remarks that "in terms of Section 5, Sub Section (2) of The West Bengal School Service Commission Act 1997, no post of non teaching staff in the Government aided school can be filled up after 14th January, 2009 without the recommendation of the of the School Service Commission , while admittedly the School Authority obtained permission on 15th July, 2008 from the Higher Secondary Council to open Science Stream and also obtained prior permission for filling up the post of Laboratory Attendant on 23rd July, 2008. Therefore the impugned order dated 26th March, 2010 issued by the District Inspector of School thus disapproving the said panel of Laboratory Attendant is patently illegal and liable to be set aside by this Hon'ble Court.;