Basudeva Panigrahi, J. - (1.) Essential facts giving rise to this writ petition are as follows:- This is an application under Article 226 of the Constitution of India for issuing a Writ in the nature of mandamus commanding the respondent Nos. 2 to 5 to regularise service of the petitioners as Assistant Teacher in Sree Sree Ramkrishna Sishu Vidhyapith Primary School.
(2.) Petitioners have been working as Assistant Teacher in the suit said school uninterruptedly and teaching to the best of their ability since 10-3-1976. Before issuing appointment order the Managing Committee of the said school adopted a resolution whereunder they resolved to appoint the petitioners. Vide resolution dated 10-3-1976. Sree Sree Ramkrishna Sishu Vidhyapith is an urban aided Primary School founded and established in the year 1951. In G.O. No. 1614 Edn. (P) dated 8-11-74, the Director of School Education however, passed an order inter alia by directing the advisory Committee of each Municipal area (including Calcutta) to prepare panel of candidates for appointment of teachers on recognised Primary and Senior Basic Schools in urban areas. Rules and orders for preparation of panels under the District School Boards will apply mutalis mutandis in these cases. It was directed by the State. Government that all appointments in the Government sponsored Schools in urban areas were to be made by the D.I. of Schools (P.E.) from out of the approved panels for each Municipal area. Ramkrishna Mission made several representations before the Government against G.O. dated 8-11-74 requesting it to reconsider and modify the said G. O. and permit the missionaries to appoint teachers, in schools managed by them from outside the approved panel of the respective Municipal areas, subject to the condition that all teachers must have requisite qualifications and experience etc. as prescribed by the Government from time, to time in that behalf and all such appointments be approved by the Director of Public Instruction.
(3.) The Government accordingly, issued the Government order G.O. dated 15-9-75 whereby and whereunder, it has authorised the Missionaries to appoint teachers, from outside the panel. In course of time, when the roll strength of the school had increased, to 360 in the year 1974-1975. The Managing Committee Vide resolution dated 10-3-1976 appointed two teachers hereinabove who had the requisite qualifications as required by the State Government. Subsequently, the State Government in G.O. No. 84-Edn. (P) dated 18th January, 1978 had however, felt the necessity to cancel the G.O. No. 983-Edn (P) dated 15-9-1975 with immediate effect and the said G.O. is annexed as Annexure 'C'. After the G.O. marked Annexure 'B' to this writ petition was withdrawn, the District Inspector of Schools did however, not take steps to regularise service of the Writ petitioners. So, therefore, they wore constrained to file the writ petition.;