Debangsu Basak, J. - (1.) The petitioner assails an order dated August 17, 2015 issued by the Commissioner of School Education.
(2.) Learned Advocate for the petitioner submits that the petitioner had participated in a selection process for the purpose of appointment of a librarian in the school. It was sent for approval. The approval was not granted on the ground of delay in applying for the grant for approval. Challenging the said decision, a writ petition was filed being W.P. No. 19030(W) of 2009 by the School Authorities. Such writ petition was disposed of by an order dated February 12, 2015 requiring the Commissioner of School Education to consider the issue afresh. He submits that the Commissioner of School Education proceeds on the basis that there is a delay. He does not consider the reason as to why the delay was occasioned. He, thereafter, proceeded to negate the claim of the School Authorities for grant of approval. He submits that such a procedure adopted by the Commissioner of School Education is erroneous. The impugned order, therefore, ought to be interfered with.
(3.) Learned Advocate for the petitioner submits that the time frame under the Rules for seeking grant of approval is directory and not mandatory. In support of such contention, he relied upon 2013 (1) Calcutta Law Journal 70 (Asok Kumar Malik v. State of West Bengal & ors.) and an unreported judgment and order dated June 15, 2012 delivered in W.P. No. 19450(W) of 2010 (Rebati Raman Koley v. State of West Bengal & ors.).;