NILOTPAL DUTTA AND ANOTHER Vs. STATE OF WEST BANGAL AND OTHERS
LAWS(CAL)-2006-11-90
HIGH COURT OF CALCUTTA
Decided on November 27,2006

Nilotpal Dutta and Another Appellant
VERSUS
State of West Bangal and Others Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The first petitioner was an assistant teacher of Palla K.P.C. (H.S.) School, North 24 Parganas till July 24th, 2006 when he was released for enabling him to join another school as headmaster. The second petitioner was also an assistant teacher in the same institute till March 7th, 2006 when he was similarly released for joining another school as headmaster. They are questioning the steps taken by the managing committee of Palla K.P.C. (H.S.) School, North 24 Parganas in connection with the recruitment process initiated for appointing the assistant headmaster in that institute.
(2.) It is the case of the petitioners that the managing committee prepared the panel for the post of assistant headmaster in violation of the recruitment rules. The question is whether they are entitled to question the steps taken by the managing committee of Palla K.P.C. (H.S.) School, North 24 Parganas. According to their counsel since they were granted benefit of lien for joining the other schools, they are still to be treated as assistant teachers of that school, and hence they are entitled to question the decision of the managing committee of that school.
(3.) I am unable to agree with him. The petitioners left the service of Palla K.P.C. (H.S.) School, North 24 Parganas for joining the other schools in the capacity of headmaster. They were selected by the school services commission, and on being recommended to the schools concerned, offers were made to them. Accepting the offers they joined the schools and became employees of the institutes concerned. It is to be noted that their appointments were school specific. Once they joined the schools for which they had been recommended, they ceased to be employees of Palla K.P.C. (H.S.) School, North 24 Parganas.;


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