Jayanta Kumar Biswas, J. - (1.) The petitioner is seeking a mandamus directing the respondents to give him permanent appointment as assistant teacher of Mathematics in Radhapur High School, Howrah. His case is that he was appointed in the school on temporary basis on January 7th, 1993, and hence is entitled to get permanent appointment.
(2.) There is absolutely no merit in the writ petition. Even if the petitioner was appointed on temporary basis, he is not entitled to get permanent appointment in the school. Teachers in the school are to be appointed according to the statutory recruitment rules. Candidates selected and recommended by the school service commission are only to be appointed. He was not appointed in the institute according to the recruitment rules. Temporary appointment given to him did not create any right in his favour to get permanent appointment.
(3.) In this context reference may be made to the constitution bench decision of the Apex Court in the case of the Secretary, the State of Karnataka and ors. v. Umadevi and Ors., AIR 2006 SC 1806 : [2006(3) SLR 1 (SC)] . As was held by their Lordships such appointment as was given to the petitioner does not entitle the appointee to get a permanent appointment. Hence there is no scope to issue a mandamus.;