DEBANGSU BASAK, J. - (1.) The petitioner has sought absorption as an assistant teacher of philosophy in Kabi Nazrul College.
(2.) Learned Advocate for the petitioner has submitted that, the petitioner was appointed as an assistant teacher of philosophy by the Managing Committee of the college, by its resolution dated August 19, 1997. An appointment letter dated September 30, 1997 was issued to the petitioner by the college authorities. The petitioner had joined the college pursuant thereto. He has been working in such college since then. The petitioner was allowed to continue to work by the Managing Committee of the college till the post was not filled up by the School Service Commission. The post has not been filled up yet. Learned Advocate for the petitioner has relied upon an unreported decision dated September 11, 2002 passed in W.P. No. 4488 (W) of 1999 (Mojibur Rahaman v. The State of West Bengal and Ors.) and an unreported decision dated March 13, 2015 rendered in W.P. No. 4560 (W) of 2006 (Shyamal Majumdar v. State of West Bengal & Ors.) and has submitted that, the petitioner is similarly situated and circumstanced as that of the petitioners in those two writ petitions. The appointments of those petitioners in those writ petitions were approved by the State. The State should be directed to approve the appointment of the petitioner. The State should not be allowed to discriminate against the petitioner herein.
(3.) Learned Advocate for the petitioner has relied upon a Full Bench decision of this Court reported at 2005 Volume 3 Calcutta High Court Notes page 337 (Rabindra Nath Mahata v. State of West Bengal & Ors.) in support of the proposition that, even if the initial appointment of the petitioner is said not to be in accordance with the directions issued by the Director of School Education, then also such appointment is valid inasmuch as the directions of the Director of School Education has been held not to have statutory force.;