Decided on March 29,1996

Tapan Kumar Banerjee And Ors. Appellant
The State of West Bengal and Ors. Respondents


Gitesh Ranjan Bhattacharjee, J. - (1.)The learned Advocate appearing for the District Primary School Council, Howrah, produces before me a xerox copy of the approval memo, being memo. no. 1972-SC/P dated 27.11.95 where by the Director of School Education (Primary Branch) approved the recast panel for recruitment of Assistant Teachers in the recognised and aided primary schools under the District Primary School Council, Howrah. In that approval memo, it is stated that the panel is approved with immediate effect and the same is valid upto 31st March, 1996. This shows that the Director approves the panel with effect from 27.11.95 and limits its life only upto 31st March, 1996, the total period covered being four months and three days only. But under rule 3E of the Rules framed under the Bengal (Rural) Primary Education Act, 1930 a panel of teachers shall remain valid unless exhausted earlier, for twelve months from the date of its preparation, but the State Government may extend the period of validity of the Panel by a period not exceeding six months. Then in rule 3(B)(iii) of the said Rules it is provided in this connection that the Selection Committee shall send a list of names of qualified persons recommended by them to the Director of Public Instruction, West Bengal, who may modify or alter the list and that after such modification or alteration, if any, the Director of Public Instruction, West Bengal, shall finally prepare a panel of qualified teachers for the District. It is, therefore, evident that the preparation of the panel becomes finalised when the Director accords, approval to the panel. The life-period of such panel has to be initially for a period of twelve months under the rule 3E, if not exhausted earlier. This initial life-period which is a statutory period cannot be curtailed by imposing any term or condition by the Director while according approval. In other words, while according approval to the panel the Director cannot fix up a period for the longivity of the panel which is less than the prescribed period of one year. In the circumstances, I quash the condition imposed by the Director in the said approval memo., (in paragraph 1 thereof), fixing the longevity of the panel upto 31st March, 1996. It is further made clear that the said panel, unless exhausted earlier, will remain valid upto the 26th Nov., 1996 unless the State Government extends the period of validity in terms of the said rule 3E. The writ petition stands disposed of accordingly. A xerox copy of the said memo, filed to-day be kept with the record. Writ petition allowed.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.