Pratap Kumar Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) Challenging the judgment and order dated 23rd June, 2003 passed by Bhaskar Bhattacharya, J. in W. P. No. 4738(W) of 2003 this appeal has been preferred. By the said judgment under appeal the learned Trial Judge allowed the writ application by quashing and setting aside the impugned order in the writ application namely, the decision of the Regional School Service Commission recalling the recommendation of the name of the writ petitioner as earlier issued for her appointment in the concerned school, a secondary school which is controlled and guided by the Rules of Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 (hereinafter referred to for brevity as the Management Rules, 1969) and the decision of the Managing Committee canceling the appointment of the writ petitioner in the school in question in view of recalling of the recommendation by the School Service Commission. The School Service Commission recalled the recommendation by its decision dated 23rd December, 2002 on the ground that at the time of registration of the name under died-in-harness category the writ petitioner was a married daughter of the deceased staff and as such, in terms of G.O. No. 457-Edn. (P) dated Calcutta, the 12th October, 1987 was not entitled to be appointed from died-in-harness category whereby the term 'ward' has been defined as a son/a dependent daughter. It is the case of the Service Commission that as the writ petitioner was married so she was not at all remained as dependent of the deceased staff who died-in-harness that is her mother and accordingly recommendation was recalled.
(3.) The writ application was moved assailing the order recalling recommendation and the order canceling the appointment both.;