SHAMPA SARKAR,J. - (1.) W. P. 12369 (W) of 2004 (Nimai Chandra Mondal v. The State of West Bengal and Ors.) was disposed of on 19th March, 2010 by a learned Judge of this Court directing the District Inspector of Schools (Secondary Education), Birbhum to approve the appointment of the writ petitioner (hereafter 'Nimai') as an assistant teacher of Atkula Junior High School within a period of three weeks from the date of receipt of all the relevant papers regarding Nimai's service from the managing committee of the school.
(2.) It was claimed by Nimai before the learned Judge that he had been appointed as an assistant teacher in Geography on 25th October, 1995, since he was found to possess the requisite qualifications therefor and he was within the prescribed age limit. Nimai also alleged before the learned Judge that a regular vacancy had occurred owing to retirement of the incumbent Geography teacher, namely, Abdul Kabir, on 31st January, 2001. The learned Judge, relying on the decision of another learned Judge of this Court in W. P. 3152 (W) of 2002 (Rahamat Ali v. State of West Bengal and Ors.) , proceeded to issue the directions as noted above.
(3.) The State is in appeal before us challenging the order dated 19th March, 2010. According to Mr. Majumder, learned Government Pleader appearing for the State, Nimai was appointed as assistant teacher without the managing committee of the school obtaining prior permission from the district inspector in terms of the extant guidelines for recruitment issued by the Director of School Education, West Bengal. It is also submitted that Nimai had not disclosed before the learned Judge that his appointment as a Group-D staff of the school had been approved by the district inspector on 19th May, 2004 in terms of an order passed by this Court on 15th April, 2003. According to him, there has been suppression of a material fact by Nimai in the writ petition in that an individual could not have served on two posts simultaneously as an assistant teacher and as a Group-D staff. Since the appointment of Nimai as an assistant teacher was illegal, he is not entitled to obtain any benefit flowing therefrom and the learned Judge acted illegally in the exercise of jurisdiction in directing the district inspector to approve Nimai's appointment as an assistant teacher of the school.;