- (1.) CHALLENGING the judgment and order dated 22nd January, 2004 passed by learned Trial Judge in the Writ Petition No. 2481 of 2001, this appeal has been preferred by the State of West Bengal through its secretary, Education Department; Director of School Education, West bengal and the District Inspector of Schools (SE) Malda, as appellants. By the impugned order under appeal, learned Trial Judge directed to accord approval of the panel for appointment of M. M. Teacher in Batna J. M. O. Senior Madrasah, hereinafter for brevity referred to as 'concerned madrasah', by holding that Reservation Rule in terms of The West Bengal scheduled Castes and Scheduled Tribes (Reservation of Vacancies in services and Posts) Act, 1976, hereinafter referred to as 'reservation act, 1976', had no applicability for appointment of candidate in a teaching post in a Senior Madrasah in view of the decision of this Court passed in w. P. No. 29402 (W) of 1997, being a decision dated 16th November, 1999 passed by Amitava Lala, J. (as His Lordship then was) in the said writ. The impugned judgment under appeal reads such:- "the writ petitioner, being the Secretary of Batna J. M. O. Senior madrasah, P. O. Batna, District - Malda, hereinafter referred to the said Madrasah, has moved the writ petition for not granting approval to the panel for appointment of M. M. Teacher in the said Madrasah, it is submitted. The said panel was prepared by following the recruitment procedure that even in a Senior Madrasah no reservation rule would be followed and the said point was decided by this Court in W. P. No. 29402 (W) of 1997, being Annexure "p4" to this writ application, it is submitted further. Mr. Ghosh, the learned Advocate for the petitioner who submits that the panel was prepared by holding interview of the sponsored candidates from the general category and by following relevant recruitment procedure. No Affidavit has been used by the State-respondents, even today no one appears to oppose this application either. Thus, having regard to the facts and circumstances of the case, the fourth respondent herein, is directed to approve the pending panel for appoint of M. M. Teacher in the said Madrasah within a period of 4 weeks from the communication of this order. The above direction is to be treated to be mandatory by the concerned respondent herein. Thus the writ application is disposed of in terms of the above order. There will be no order as to costs. All parties are to act on a xerox signed copy of this Dictated order on the usual undertaking. "
(2.) THIS appeal has been opposed by the writ petitioner-respondent by taking the same point that Reservation Rule has no applicability whereby the post was reserved for Scheduled Tribes candidate following the 100 point Roster as framed in terms of the said Reservation Act, 1976.
(3.) IT is the case of the appellant that the Reservation Act, 1976 has full applicability to the educational establishment getting Government grant to maintain the school/institution by way of payments of salary, allowances and service benefits of the teaching and non-teaching staff therein and as such, they cannot bye-pass the 100 point Roster of Reservation Act, 1976.;