Rakesh Tiwari, J. - (1.) This appeal arises against the judgment and order dated 5th November, 2015 passed in WP 27430(W) of 2015 on the grounds mentioned in the memorandum of appeal.
(2.) The appellants have filed this appeal assailing the order impugned on the ground that the learned Single Judge had no authority or jurisdiction to pass the same without serving copy of the writ application upon all the respondents except the office of the Government Pleader on 5th November, 2015, and further that the cause of action arose in 1984 and the Vacation Bench had jurisdiction only in respect of the matter which could not wait till sitting of the regular bench after reopening of the Court after long vacation as per notification issued by His Lordship the Hon'ble Chief Justice.
(3.) The order impugned is also assailed on the ground that the learned Single Judge failed to consider the material fact that before appointment of the writ petitioner by the managing committee in 1984, there was no prior approval from the State Government under 1963 Act, which was mandatory and further that West Bengal School (Control of Expenditure) Act, 2005 provided such mandatory approval for appointment under Section 5 of the said Act. Hence, the appointment of the writ petitioner/respondent, which was not approved by the District Inspector of Schools (SE), Murshidabad, was bad in law and was liable to be set aside.;