- (1.) SUBJECT matter of challenge in the aforesaid appeals is a common Judgment and order dated 26th June, 2007 passed by the learned single Judge in W. P. No. 20074 (W) of 2006. Since same point is involved in the aforesaid three appeals, those are taken up for analogous hearing in presence of the learned Advocates of the respective parties.
(2.) IN the writ petition the writ petitioner/respondent No. 1 Rita Kar challenged the selection process initiated for appointment in the post of Principal in the District Institute of Education and Training (DIET)under the School Education Department, Government of West Bengal. Since selection process was conducted by the State Public Service commission, it was the case of the writ petitioner before the learned single Judge that State Public Service Commission had no power or authority to conduct such selection process and make recommendation for the post. It was contended on behalf of the petitioner that since the scheme was sponsored Central Government for appointment in the post of Principal in the DIET, selection, appointment were to be done strictly in accordance with the guidelines issued by the Central Government. It was further contended before the learned single Judge that since the scheme was a Central Government Scheme and was funded by the central Government, the employees under the scheme should be considered to be the employees under the scheme and not employees in the services of the Union or the State. The learned single Judge on being satisfied on the submission made by the learned Advocate of the petitioner observed as follows: Nothing has been shown to me from which it can be held that the state public service commission was authorized or empowered to recruit, select and recommend candidates also for posts such as the one for which it published the advertisement. "
(3.) THE learned Judge held that the respondent authorities acted in violation of the guidelines, which were to govern the recruitment, selection and appointment in the post of Principal, DIET. Writ application was allowed with following directions: "for threse reasons, I allow this writ petition and quash the selection process for which the state public service commission published the advertisement dated September 10th, 2005. All steps taken by the respondents for appointing the principal in DIET under the School Education Department, West Bengal are hereby quashed. Needless to say that if any appointment has been given, that shall also stand quashed. The respondents will be at liberty to initiate appropriate selection process in terms of provisions of the guidelines, and if the petitioner is entitled to participate, she will be at liberty to do that. There shall be no order for costs in the case. ";