Saiyabraia Sinha, J. - (1.) This appeal is directed against an order passed by a learned Single Judge of this Court in various writ applications whereby and where under several writ applications had been disposed of directing as folio as:- "Following the judgment dated 27.1.97. In F.M.A.T. No. 3168 of 1996 direct the Local Employment Exchange to forward the names of the petitioners if their names have not yet been forwarded for appointment in the post of Primary Teacher as there are at present 497 vacancies under the said post under the Dakshin Dinajpur District Primary School Council and for which requisition has already been made and the Employment Exchange has forwarded new trained and untrained teachers. Petitioners' names should be so forwarded within ten days from the date of the communication of this order by the Employment Exchange and the authority concerned shell consider the case of the petitioner along with other eligible candidates end select them if they are found suitable condoning the age of bar. Such exercise shall be completed within 31st May, 1997 the writ petition and the application are disposed of accordingly no order as to cost."
(2.) It would appear from the said judgment that apart from the judgment dated 27.1.97 in F.M.A.T. No 3168 of 1996 no other reason have been assigned nor the respective cases of the parties have been discussed For the purpose of disposal of the appeal, it may not be necessary for us to consider in details the legislative history and the different circular letters issued by the State Government from time to time as the same have been taken into consideration in the decision of the Division Bench of this Court in the case of West Bengal Baud of Secondary (sic for Primary) Education v. State of West Bengal and Ors., reported in 1997 (1) CLJ 165 Suffice it to say that the primary education in the State of West Bengal previously used to be governed by the Bengal (Rural) Primary Education Act, 1930. A Rule was framed under the said Act in the year 1990 Although the West Bengal Primary Education Act, 1973 came into force, various provisions thereof remained inoperative. Rules under 1973 Act was framed in the year 1991. A learned Single Judge of this Court in one of the writ applications stayed the operation of the said Rule as a result whereof the recruitment of teachers continued to be governed under the Old Rules. It appears that the State of West Bengal issued a circular letter bearing No. DNES/Sl. No. 1/1987 dated 23.4.87 whereby and where under it was directed that the candidates having experience in adult education con-formal education will get priority for submission for vacancies of untrained teachers provided they possess the minimum qualification and have recorded their above experience in the Employ cunt Exchange As despite the said circular letter as also the provision in the 1940 Rule for grant in preference in appointment to the trained teacher in the existing vacancies, a large number of posts were filled up from the untrained candidates, Paschimbanga Prathamlk Sikshak Shikhan Prapta Bekar-O-Sikshak Samiti, West Bengal & Ors. filed a writ application in this Court The said writ application was allowed. The District School Board filed an appeal against the said order. The judgment of the Division Bench of this Court is reported in 1991 (1) CLJ 479, District School Board v. Paschimbanga Prathamik Sikshak Samiti. Keeping in view the provision of Rules and particularly Rule 3B(6) of the 1940 Rules the Division Bench of this Court directed as follows:- "In view of the aforesaid statutory Rule 3B, the life of a panel has been fixed for a period of twelve month from the date of its presentation. The Government may extended the period of such panel by a period not exceeding six month. There is no dispute that the period of twelve month expired long ago. It was stated at the Bar that there is no order of the State Government extending the period of the panels. As such, the panels prepared in different district between the year 1983 and 1985 have lost their existence and no direction can be given to make appointments on the basic of those panels after making necessary scrutiny and examination in the light of the direction given by the learned judge. Accordingly, taking all the facts and circumstances into consideration, I direct the different District School Board s and the concerned authorities to take immediate steps for preparation of fresh panels in accordance with law and in terms of the Rules referred to above. further direct that all appointment against the additional posts sanctioned by the State Government from time to time due to enhancement in the roil strength in the existing Schools in different districts be filled up by the trained candidates only. So far as the normal vacancies existing in the Schools are concerned, at least 50% must be filled up by the trained candidates only. In respect of remaining 50% of such vacancies, untrained candidates should be considered along with trained candidates on some rational and reasonable principle."
(3.) However, a the meantime, another writ application was filed before this Court alleging that the judgment of the Division Bench has not been complied with by the Councils. The said writ application was disposed of by a judgment and order dated 30 3.94. Paschimbanga Prathamik Sikshak Shikhan Prapta Bekar-O-Sikshak Samiti & Ors. filed an application for Special Leave to Appeal before the Supreme Court of India.;