Subrata Talukdar, J. - (1.) In this writ petition a writ in the nature of Mandamus has been prayed for by the petitioner to approve her appointment as Clerk (Day) w.e.f. her date of joining, i.e. 29th of April, 1997, under the respondent/New Alipore College (for short the College only).
(2.) The case, according to the writ petitioner, is as follows:- That by an advertisement pursuant to a resolution of the Governing Body (for short GB) of the College dated 28th of April, 1997, applications were invited for the vacant posts of Clerk (Day) (for short the said post or only the post). The post fell vacant in view of the promotion of one Timir Guha Roy as Head Clerk of the Day shift of the College w.e.f. 30th of April, 1997. The petitioner applied against the post and, after clearing the interview, was issued the appointment letter which, specifically mentions the fact that the post was sanctioned vide GO No. 1028 Edn(CS) dated 10th of December, 1996.
(3.) The appointment of the petitioner to the post was sent for approval to the respondent/Director of Public Instruction (DPI) by the College on the 24th of June, 1997. However, by a reply dated 16th of February, 1999 the DPI refused to accord approval to the employees whose names were forwarded by the said letter of 24th of June, 1997. The DPI, however, specifically mentions the fact vide his reply dated 16th of February, 1999 that the College was entitled to nine nonteaching posts, including the post of Clerk (Day) (vice Timir Guha Roy).;