Jayanta Kumar Biswas, J. - (1.) The petitioner is praying for an order directing the respondents to give him permanent appointment in Khaja Anowar Sahid Berh High School, Burdwan as a member of the non-teaching staff.
(2.) His case is that on being appointed by the authority of the school he has been working as a sweeper therein from March 1, 1990. Counsel submits that appointment given to the petitioner was not an illegal appointment. His contention is that since the appointment was only an irregular appointment, in view of the constitution bench decision of the apex court in Secretary, State of Karnataka & Ors. v. Umadevi & Ors., (2006) 4 SCC 1 , the respondents incurred an obligation to regularise the appointment. He refers me to para. 53 of the constitution bench decision.
(3.) I am unable to agree with him. In 1990 the school authority was not empowered to appoint the petitioner without following the recruitment rules. As a recognised institute it was Government by the provisions of the West Bengal Board of Secondary Education Act, 1963, and the Management of Recognised Non-Government Institutions (Aided and Unaided), Rules 1969 framed under the Act. In terms of provisions of the rules the managing committee was empowered to appoint the petitioner only after initiating the appropriate recruitment process with the prior permission of the district inspector of schools concerned.;