ARIJIT BANERJEE,J. - (1.) The Managing Committee of the Begunabari High School in Purba Medinipur has approached this Court by way of the present writ petition. Mr. Bari, learned senior counsel submits that a vacancy arose in the post of a clerk in the said school and by a Memo dated 22nd August, 2007 the office of the Additional District Inspector of Schools (S.E.) granted prior permission for filling up the vacancy. Thereafter, an interview was also held by the management of the school. However, for some reason or the other no panel could be prepared and the vacancy could not be filled up. An administrator has been appointed over the school with effect from 20th December, 2010. The administration of the school is suffering because of vacancy in the said post of clerk and the said post needs to be filled up at an early date. Mr. Bari submits that since the vacancy arose and the prior permission was granted at a point of time when the West Bengal Schools Service Commission (Amendment) Act, 2008 had not come into operation, the vacancy is to be filled up in accordance with the rules prevailing prior to coming into force of the said Amendment Act. Mr. Bari prays for an order granting liberty to the school authorities to fill up the vacancy in accordance with the rules prevailing as on the date when the vacancy arose.
(2.) Mr. Nirmal Kr. Manna, learned senior counsel for the State drew my attention to a letter dated 6th September, 2011 addressed by the administrator of the said school to the Additional District Inspector of Schools (S.E.) wherein it is stated that there is nothing regarding the panel of Group - C or Group - D in the records of the school. In his usual fairness he submits that the matter may be referred to the District Inspector of Schools for appropriate action being taken in the matter so that the administration of the school does not suffer due to the vacancy.
(3.) I have also considered a decision dated 17th June, 2015 delivered by a Division Bench of this Court in F.M.A. 547 of 2013 (The Managing Committee, Mahisegeria A.M.A. High Madrasah v. State of West Bengal and Ors.) which has been cited by Mr. Bari. It was held by the Hon'ble Division Bench in that case that if the selection process was initiated at the time when the aforesaid Amendment Act 2008 had not come into force, then the selection process must be completed in accordance with the rules that prevailed at the time of initiation of the selection process. Accordingly, I am of the view that the vacancy in the post of the school concerned is to be filled up by following the rules which were prevalent before the Amendment Act of 2008 came into force.;