- (1.) THE above writ petition and the appeal being MAT 52/04 with FMA 1713/03 are heard together as the principal point of controversy involved in those matters are interlinked with each other.
(2.) THE Writ Petition being WP No. 2153 (W) of 2003 has been filed by one Kiran Subba and three others claiming for the following reliefs : (a) Writ/writ in the nature of Mandamus be issued thereby declaring that the Nepali/gorkha speaking people of hill areas of Darjeeling are linguistic minorities ; (b) Writ/ Writ in the nature of mandamus be issued thereby declaring that the Schools/institution in the hill areas of Darjeeling are established and administered by the linguistic minorities and as such the provisions of West Bengal School Service Commission act, 1997 ; and the amendments there under are not applicable in the hill areas of Darjeeling ; (c) Writ/writ in the nature of mandamus be issued thereby restraining the 'concerned respondent authorities from imposing the provisions of West Bengal School Service' Commission Act, 1997 and the amendments' made there under to School/institutions in the hill areas of Darjeeling ;
(3.) THE appeal mentioned above was also preferred by Education secretary, Hill Council and another, against judgment and order dated 27th august, 2003 passed by a learned Single Judge of this Court in WPCR No. 16814 (W) of 2002. By that judgment and order appealed against the learned single Judge in substance directed the School Service Commission to make recommendations forthwith for filling up of the Vacancies on the basis of the requisitions sent by the schools or on the basis of the reports of the concerned district Inspector of Schools (S. E.) in terms of Sub-Rule (2) of Rule 7 of the school Service Commission Rules.;