Banerjee, J. - (1.) This appeal is against a judgment and order dated 29th September, 2003, whereby the learned Single Judge inter alia allowe the writ petition being W. P. No. 17229 (W) of 2001 (Prabir Kr. Ghosh Ors. v. State of West Bengal & Ors.) and directed the West Bengal Regional School Service Commission to recommend those of the writ petitioners who had ranked within 66th in the panel for appointment to appropriate schools and further directed the Regional School Service Commission not to advertise vacancies for the posts for which the writ petitioners had been selected, without recommending the writ petitioner for appointment.
(2.) Before 1st November, 1997, the Managing Committee of a recognized aided non-government school was, in terms of Rule 28 of the Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969, framed in exercise of powers conferred by Section 45(1) and 45(2)(d) of the West Bengal Board of Secondary Education Act, 1963, entitled to appoint teachers, subject to any order or directions or guidelines of the State Government or the Director of School Education, in force for the time being.
(3.) The West Bengal School Service Commission Act, 1997 came into force with effect from 1st November, 1997. Some of the relevant provisions of the said Act are set out hereinbelow: - "8. Manner and scope of selection of persons and procedure for conduct of business of Commission. - (1) The manner and scope of selection of persons for appointment to the Posts of Teachers shall be such as may be prescribed. (2) The procedure for the conduct of business of the Commission shall be such as may be provided for by regulations. 9. Effect of Recommendation of Commission. - (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, appointments to the Posts of Teachers in a school shall be made by the Managing Committee, by whatever name called, or by the ad hoc committee, or by the administrator, if any (where there is no Managing Committee), of that school on the recommendation of the Regional Commission having jurisdiction. (2) Any appointment of a Teacher made on or after the commencement of this Act in contravention of the provisions of this Act shall be invalid and shall have no effect and the Teachers so appointed shall not be a Teacher within the meaning of clause (p) of Section 2. 10. Protection of Teachers. - Notwithstanding anything contained elsewhere in this Act, the terms and conditions of service of Teachers in the employment of a school immediately before the commencement of this Act shall not be varied to the disadvantage of such Teachers in so far as such terms and conditions relate to the appointment of such Teachers to the posts held by them immediately before the commencement of this Act. 16. Functions of Central Commission. - (1) The Central Commission shall monitor, supervise, control and co-ordinate the activities of the Regional Commission which shall be subordinate to the Central Commission. (2) The Central Commission may call for any record, report or other information from a Regional Commission if, in the opinion of the Central Commission, such record, report or other information is necessary for efficient discharge of its functions, and the Regional Commission shall furnish such record, report or other information to the Central Commission. (3) It shall be the duty of the Central Commission to advise the State Government on such matters as may be referred to it by the State Government. 18. Power to make Regulations. - (1) The Central Commission may, with the previous approval of the State Government, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, for discharging the functions of the Commission under this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters: (a) The terms and conditions of service of the employees of the Commission under Clause (b) of sub-section (3) of Section 6; (b) The procedure for the conduct of business of the Commission under sub-section (2) of Section 8.";