S.K.Gupta, J. - (1.) The writ petition is taken up today for passing order.
(2.) It appears that for filling up the post of one non teaching staff (typist), an advertisement was published in the daily newspaper viz. "The Statesman" on 13.7.2003 inviting application from eligible candidates. Accordingly, the petitioner applied for the post and after completing all formalities, the petitioner was appointed in the said post by the Governing Body of the College. He joined the said service on 3.9.2003 and since then he is working in the said college in the same capacity. Subsequently, on 18.9.2003 and 7.6.2004, the college authority requested the respondent No.2, the Director of Public Instructions, West Bengal to give necessary approval so far as the appointment of the petitioner is concerned. However, the respondent No. 2 did not grant such approval and instead, by the letter dated 05.4.2004 refused to grant such approval on the ground that no permission from the Government, for filling up the post was obtained. In addition to that the respondent No. 2 by his letter dated 18.12.2006 accorded permission for giving appointment to such post by way of ignoring the fact that already in the said post the petitioner was working since 2003. Now the main question that is to be considered in this writ petition is, whether the college in question being a recognised religious Linguistic Minority Institution, in order to fill up a non-teaching post, requires prior sanction for holding the selection from the DPI or not. In this respect it appears from the G.O. No. 1662-Edn(CS) dated 21.12.1997 issued by the Deputy Secretary to the Government of West Bengal, Scottish Church College was recognised as a college established and administered by religious and linguistic minorities and that college along with other such colleges were kept outside the purview of the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal Universities (Control of Expenditure) Act, 1976. In the said Government Order it was further mentioned that management of those colleges was at liberty to take steps for recruitment to different posts as per the rules of the concerned colleges. In the West Bengal Universities (Control of Expenditure) Act, 1976 it was stated therein that no sanction of Government for creation or appointment to a post in a college established by a religious or linguistic minority, is necessary. Such being the position, the management of the college viz. Scottish Church College, Calcutta is certainly entitled to take step for recruitment to the post of typist. From the letter of the Principal addressed to the DPI dated 7.6.2004, it appears that such appointment was given against an approved post which was previously held by one Sunil Kumar Roy. When the petitioner was selected for such post by way of following proper procedure, then non granting of approval by the DPI does not arise. By refusing to grant approval in respect of such selection which was made by the college authority in favour of the petitioner, said respondent No. 2 has acted beyond his jurisdiction and in my considered opinion such decision of the respondent No. 2 should immediately be set aside.
(3.) Considering all these things, the writ petition is disposed of on contest. The letter dated 5.4.2004 written by the Director of Public Instructions, West Bengal to the Principal, Scottish Church College, Kolkata is set aside. The respondent No.2, DPI, West Bengal is directed to give approval to the selection of the petitioner to the post of typist in respect of the said college with effect from 3rd September, 2003. He is directed to give such approval within two weeks from the date of communication of this order to him.;