Jayanta Kumar Biswas, J. - (1.) The petitioner is asking for a mandamus directing the respondents to regularise his appointment and approve his service as an organising non-teaching staff in Patoir C.C. High School, Uttar Dinajpur. His case is that on the basis of a resolution of the managing committee dated January 2, 1986 he was appointed in the school with effect from March 1, 1986, and hence in view of subsequeut recognition of the school he became entitled to get approval of his.appointment as a member of the recognising staff.
(2.) I do not find any merit in the case. The institute authority was not empowered to appoint the petitioner without following the recruitment rules. Admittedly he was not appointed according to the recruitment rules. Hence in view of the recent constitution bench decision of the apex court in Secretary, State of Karnataka & Ors. v. Umadevi & Ors., AIR 2006 SC 1806 there is no scope to issue a mandamus directing the respondents to regularise or approve his service. His appointment was illegal and that appointment cannot be regularised by a mandamus.
(3.) That apart, he is not entitled to claim approval of appointment as an organising member of the staff. In view of the division bench decision of this court dated September 6, 2006 given in Manindra Nath Sinha & Ors. v. The State of West Bengal & Ors. (FMA 1425 of 2003) , no one is entitled to seek permanent appointment in an educational institute on the ground that one worked in it as an organising member of the staff. It has been held by the division bench that the concept of organising member of the staff is contrary to the provisions of the West Bengal Board of Secondary Education Act, 1963 and the Rules framed thereunder.;