- (1.) THE respondent No. 1 in this appeal had filed a writ petition under Article 226 of the Constitution of India being W. P. No. 13947 (W)/07 against the State of West Bengal, Director of School Education, Regional School Service Commission and the present appellant i. e. the Secretary of the Managing Committee of Madhu T. E. High School alleging inaction on the part of the respondents therein in the matter of according necessary approval to the appointment of the said respondent No. 1 /writ petitioner as Headmaster of the said school. While serving as an Assistant Teacher of Purba Dhantala Junior High School in the district of Jalpaiguri he responded to an advertisement for the post of Headmaster in Junior High School and the West Bengal Regional School Service Commission (Northern Region) (for short the Commission) upon selection recommended his candidature to the post of Headmaster of Madhu T. E. Junior High School by a Memo dated 16th May, 2007. Meanwhile, by a communication dated 28th May 2007 the said Madhu T. E. Junior High School was upgraded to High School with retrospective effect from 1st of May 2007.
(2.) IN the backdrop of such upgradation of the school to the status of the High School the Managing Committee of the said school who is the appellant in M. A. T. No. 193 of 2008 declined to permit the respondent No. 1/writ petitioner to join as Headmaster of the High School on the ground that the respondent/writ petitioner lacked the eligibility criteria of becoming the Headmaster of a High School. It was the contention of the respondent No. 1 in the writ Court that on the basis of the memo No. 1577-GA/om-7/1955 dated 17th July, 2006 issued by the Commissioner of School Education, the school authority was obligated upon to permit him to join the school even if he was not in possession of requisite qualification for the post of Headmaster of the High School; and so long as he would not be completing 10 years of teaching experience, which is one of the essential requirements of selection to the post of Headmaster of a High School, he was eligible to act as Teacher-in-Charge of the school concerned and the status of Headmaster of the High School would be an automatic process for him after he would acquire the requisite number of years of teaching experience.
(3.) THE learned Trial judge by the order dated 12th December 2007 directed the school authorities, who did not appear despite service, to act in accordance with law more particularly the Government Order of July 17, 2006 and give the respondent/writ petitioner appointment in the school.;