- (1.) THE Court: This writ petition dated Deqember 22nd, 2006 has been taken out by three persons. They alleged that though in terms of order of this Court dated July 14th, 1997 made in CO No. 15058 (W) of 1993 (Nemai Chandra Pan and Ors. v. State of West Bengal and Ors.), they were entitled to participate in the selection process initiated by the authorities of Nadanghat Rampuria High School, Burdwan, the authorities of the institute and the School Service Commission did not permit them to participate in the selection process initiated for appointing members of the teaching staff in the institute.
(2.) THE order dated July 14th, 1997 made in the petitioners' previous writ petition is set out below: "petitioners at certain point of time during 7th November, 1983 to May 1986 had rendered service in the school as Assistant teachers. Petitioners' claim is that when the school concerned appointed four teachers, they were not absorbed. Appointment in all the schools under the State is to be considered on the basis of settled prescribed rules. Petitioners have not made out any case whether they were applicants at the time of selection of teachers in the school. Be that as it may, since 1986 till date petitioners are not working in the school and therefore, petitioners' claim cannot be considered by the Managing Committee or by the competent authorities. As petitioners have rendered service for three years, i think that if any future vacancies arise, the School Managing committee will allow petitioners to submit application in response to the notice inviting application for filling up the post of such vacancies. If such vacancy is declared by the competent authorities and if the petitioners submit any application against notice issued by the Managing Committee, petitioners will be given opportunity to appear before the Selection Board. When the petitioners will be allowed to appear before the Selection Board along with the other candidates, petitioners shall be given some concessions and weightage for their service rendered during the period 1983 to 1986. If any vacancy is created within five years and if such concession is given to the petitioners in that event petitioners shall be allowed to appear before the Selection Board and their higher age limit shall be relaxed. This will not create any precedent. The writ penition is disposed of on the above terms. There will be no order as to costs. "
(3.) THE short question for decision is whether at the date the petitioners took out this writ petition they were entitled to participate in the selection process sought to be initiated by the school service commission for selecting and recommending candidates for appointment as teacher in the institute that had sent the requisite vacancy report to the commission through the district inspector of schools concerned. In ternis of the provisions of the West Bengal School service Commission Act, 1997 the institute was under the statutory obligation to send the vacancy report through the district inspector of schools and the commission was empowered to select and recommend candidates for appointment as teacher in the institute. The provisions of the statute cast an obligation on the institute to appoint teachers only by giving appointment to the persons selected and recommended by the school service commission. The school service commission on receipt of the vacancy report published advertisement inviting applications from eligible candidates, and hence if the petitioners or any one of them was eligible, he was free to apply for taking the test. The petitioners, however, claim that even if not eligible they were entitled to participate in the selection process in view of the order dated july 14th 1997.;