Jayanta Kumar Biswas, J. - (1.) The petitioner is questioning validity of the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 on the ground that the rules had been made and published even before the enabling law made by the West Bengal Schools (Control of Expenditure) Act, 2005, Section 22 came into force.
(2.) Counsel says that provisions of Section 22 came into force on December 27th, 2005, as will appear from the notification published in the official gazette. He further says that the rules were directed to come into force on December 26th, 2005. His contention is that the state Government made the rules when it possessed no power to make them.
(3.) Mr. Saikat Banerjee present in Court (he is one of the State Government counsel), appears for assisting the Court, since none appears for the state. I hope the Government pleader shall regularise his appointment in the matter. He gives me a list of dates showing that the rules were actually published in the official gazette on December 27th, 2005.;