- (1.) HEARD the learned Advocates appearing for the parties.
(2.) ASSAILING the judgment and order dated 13th November, 2003 passed by the learned trial Judge in W. P. No. 16433 (W) of 2003 this appeal has been preferred along with application under Section 5 of the Limitation act. The impugned order of the appeal reads such:-"considering the facts and circumstances of the case that the petitioner is working as Assistant Teacher in Social Science Group in the concerned school in question on and from 23. 8. 1997 and also annexures to the writ application, the District Inspector of School (S. E.) concerned, is directed to give necessary approval to the petitioner's appointment as an Assistant Teacher in the concerned post in the school in question without any delay, but in any case, positively within four weeks from the date of communication of this order and without raising any question of age bar. It is also an admitted position that the petitioner is working in the school in question without any remuneration for a considerable period and, as such, after approving the petitioner appointment his salaries as Assistant Teacher of the school should be paid by the concerned respondent also within two months from the date of giving such approval. The writ petition, is thus, disposed of as above without any order as to costs. Let a xerox plain copy of this order, duly counter-signed by the Assistant Registrar (Court) or the ACO be given to the learned advocate appearing for. the petitioner on the usual undertakings. "
(3.) THE writ petitioner-respondent moved the writ application seeking regularization of service as Assistant Teacher in Social Science Group in the concerned secondary school, which is controlled and guided by the rules for Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969, hereinafter for brevity referred to as "management Rules, 1969". Rule 28 of the Management Rules is the relevant provision for appointment of Assistant Teacher in the school, which provides that the School Service Commission as set up under the west Bengal School Service Commission Act, 1997 should recommend and on that basis the Managing Committee may give appointment of the teaching staff. The relevant portion of Rule 28 reads such:-"28. Powers of Committee.- (1) In an aided institution the committee shall, subject to the provisions of any Grant-in-Aid Scheme or Pay Revision Scheme or any order or direction or guidelines issued by the State Government or the Director in connection therewith and in force for the time being, have the power-New (i) to appoint on the recommendation of the West Bengal regional School Service Commission in respect of the region concerned, teachers on permanent or temporary basis against permanent or temporary vacancies, if and when available, within the sanctioned strength of teachers and on approval by the Director or any officer authorized by him, such approval being sought for within a fortnight from the date of decision of the Committee in this behalf. ";