Mahitosh Majumdar, J. - (1.) This writ application is directed against the orders, as contained in annexures C, D and E to the writ petition. The text of the said annexures C, D and E are set out below : Annexure C (relevant part) "As desired by the Hon'ble Minister-in-charge (Primary and Secondary Education), West Bengal, he is requested to postpone the appointments of the teaching and nonteaching staff of his school for the present." Annexure D "In reference to the above, he is informed that all the appointments of the teaching and non-teaching staff of his school were postponed in accordance with instructions conveyed to the Private Secretary of the Hon'ble Minister-in-charge (Primary and Secondary Education), West Bengal. This was communicated to him under Office No 146/G, dated 18 January 1983 and that order will stand. A reference has been made to the Private Secretary to the Education Minister (Primary and Secondary), West Bengal, for early disposal of the case with a copy to the D. S. E., West Bengal. This is for his information." Annexure E "The undersigned begs to invite a reference on the subject indicated above and to state that Sri Jagannath Mandal, an unapproved part time clerk in H. S. Section of Murarai A. K. Institution, has preferred to file a Court case before the Hon'ble High Court, Calcutta, for the approval of the panel for appointment to the post of second clerk at the said Murarai A. K. Institution. The Hon'ble High Court, Calcutta, has issued an ad interim order of injunction to the effect that respondent 4 should submit the panel, dated 3 January 1983, prepared for filling up the post of second clerk of respondent 4 Murarai A. K. Institution along with other necessary papers before respondent 3, within two weeks from the date of communication of the order and respondent 3 is directed to consider the grant of approval to the said panel within two weeks thereafter and if the panel is not approved reasons must be given. In the circumstances, as per order of the Hon'ble High Court, Calcutta, the school has submitted the panel to this office for approval. On scrutiny of the papers relating to the approval of the said panel, it is found that the sanction of the post of second clerk from this office vide this Office No. 3116/G, dated 25 November 1982, was made through inadvertence and as soon as it was detected the school authority was instructed to postpone the interview for recruitment of the post of second clerk. The said information was communicated to the school through special messenger from this office on 3 January 1983. As such the panel cannot be approved at this stage. In the circumstances, as the Hon'ble Court has passed order to give reasons if the panel is not approved the undersigned begs to request him to kindly take up the matter to intimate the decision of this office of not according the approval to the panel to the Hon'ble High Court, Calcutta."
(2.) The petitioner claimed and contended that the appointment of second clerk of respondent 4 cannot be withheld on the ground of the desire and instructions of the Minister. It is also claimed by the petitioner that the sanction given on 25 November 1982, for the post of second clerk of respondent 4 could not be nullified on account of inadvertence and the said ground was never taken and in that view of the matter, the impugned orders as contained in annexures C, D and E to the petition cannot be sustained.
(3.) On a careful consideration of the said impugned orders, it appears that the District Inspector of Schools instead of discharging his functions and exercising discretion independently acted on the basis of the instructions conveyed to him by the Private Secretary of the Minister-in-charge of Primary and Secondary Education.;