Basudeva Panigrahi, J. - (1.) Heard Mr. Chatterjee in support of the application, and Mr. Mukherjee, the learned Advocate appearing for the State of West Bengal.
(2.) This is an application under Article 226 of the Constitution of India for issuing a writ of Mandamus commanding the respondents to cancel/withdraw/rescind Annexure 'G' to the writ application and also writ in the nature of Mandamus be issued to the District Inspector of Schools for filling up the two posts of Assistant Teacher in language group.
(3.) The essential facts emerging in the writ application are as follows:- Two teachers, namely, Gaya Prosad Jana and Sudhangshu Sekhar Mahesh who were appointed on 1.7.37 and 18.7.37 respectively as Assistant Teachers in the stream of Bengali and English under the language group who had been retired on and from 30.6.97 and 31.7.97 and therefore, consequently, two posts of Assistant Teachers in the language group had fallen vacant. The school authorises by its resolution dated 31st January, 1997 issued a letter on 14.5.97 to the District Inspector of Schools enclosing therewith all relevant papers for according permission to fill up the posts of Assistant Teachers on the eve of retirement of Gaya Prosad Jana. Similarly, by resolution dated 20th August, 1997 the school authorities made a further request for permission to fill up the post of Sudhangshu Sekhar Mahesh after his retirement. But since no permission was accorded by the District Inspector of Schools, the school authority through its Managing Committee was obliged to file a writ in this Court for appropriate direction and accordingly the District Inspector of Schools (S.B), Midnapore was directed to dispose of the letter dated 3rd September, 1997 by according permission to the school to fill up the posts of two Assistant Teachers.;