Mir Dara Sheko, J. - (1.) Upon hearing Mr. Kamalesh Bhattacharya, learned senior Counsel being assisted by Mr. Kazi Sajjad Alam, representing the petitioner, and Ms. Chaitali Bhattacharyya, learned Counsel being assisted by Ms. Tuli Sinha, representing the State respondents, the matter is taken up for delivery of judgment.
(2.) Mr. Kamalesh Bhattacharya in the tune of the text of the writ petition submitted that the writ petitioner being Graduate in History and also M.A. in History with B.Ed. Training Course was appointed in Bankura Christian Collegiate School as an Assistant Teacher for the post of History under appointment letter dated 12th August, 2005 with retrospective effect from 6th June, 2005 on a consolidated salary of Rs. 700/- only per month subject to absorption in future against vacancy to be occurred in future. Mr. Bhattacharyya with reference to the certificates issued time to time respectively by the Headmaster and the Secretary of that school about devotion and sincerity of the petitioner submitted that despite his ability and efficiency since approval was not being accorded by the concerned District Inspector of Schools, the writ petitioner had to file W.P. 1975(W) of 2010 wherein this Court directed the Inspector to provide approval if the claim was found genuine and the relevant part of order dated 16th July, 2010 of this Court passed in said W.P. 1975(W) of 2010 is set out: "If the petitioner's claim is found to be genuine, necessary steps in accordance with law shall be taken for approval of his service and also for payment of salary. On the other hand, if the claim is not found to be genuine, the District Inspector shall pass a reasoned order and communicate the same to the petitioner."
(3.) Mr. Bhattacharyya submitted that in the similarly situated cases some other candidates like Bidyut Kr. Biswas, Goutam Dey were absorbed in the same school of course under the order of this Court, but the writ petitioner was deprived of by the respondent-District Inspector of Schools (S.E.), Bankura and the relevant part of the observations of the said District Inspector of Schools rejecting approval, as indicated by Mr. Bhattacharyya is set out: "In this case it is observed the school authority did not follow the procedure for selection of Assistant teacher. The Secretary however conceded of non pursuance of para 4 of G.O. No. 1314(50)-SE (S) dt. 17th Sept. 2002 and also para 1(a), (b, (c) & (d) respectively of the same G.O On the ground of non-fulfillment of direction as laid down in G.O. No. 1(a), (b), (c) & (d) and para 4, the District Inspector of Schools (S.E), Bankura is not in a position to consider the prayer of the petition. Hence the matter is disposed of. All parties concerned be informed accordingly.";