Shekhar B. Saraf, J. - (1.) The grievances raised and issues involved in the two writ petitions are common arising out of a common order dated 8th August, 2017, and accordingly, they were heard together and are being decided conjointly. The main issue in the writ petitions is that the writ petitioners were appointed as temporary teachers and are now seeking regularization of their temporary appointments.
(2.) For the purpose of convenience, the facts in writ petition no. 23503 (W) of 2017 are being taken into consideration and are chronologically delineated hereinbelow: a. By way of a resolution dated 27th January, 1987 an unanimous decision was taken by the members of the Managing Committee of the Banksimulia Group Junior High School, P.O. Pariharpur, Burdwan - 713373 (hereinafter referred to as the 'said school') and a recruitment process was undertaken for appointment of teachers in the said school. b. A letter dated 26th March, 1987 was issued to the writ petitioner by the said school for his appointment as a temporary teacher in the said school for a period of six months. c. Through a letter dated 19th November, 1987 by the said school to the writ petitioner it was informed that his service as a temporary teacher has been extended for six months with effect from 23rd November, 1987. d. A writ petition bearing W.P. No. 16637(W) of 2001, was filed by the writ petitioner before this Court in order to direct the concerned State authorities for the approval of the writ petitioner as an assistant teacher in the said school. e. Through an order dated 19th October, 2001 the writ petition bearing W.P. No. 16637(W) of 2001 was disposed of directing the District Inspector of Schools to get the concerned school inspected by the District Level Inspection Team (hereinafter referred as 'the D.L.I.T') within four weeks and also to take necessary steps for approval of the service of the petitioner as an Assistant Teacher in the said school within a period a six months. It may be noted that no appeal was preferred against this order. f. Pursuant to the order dated 19th October, 2001 an inspection was conducted by the D.L.I.T on 19th December, 2001 and report filed on 2nd May, 2002. The D.L.I.T report stated that the writ petitioner was appointed as an assistant teacher temporarily for six months on a consolidated Pay of Rs. 125/- per month with effect from 27th March, 1987 in the meeting of the then Managing Committee (Vide No.5/87, dated 21st March, 1987) against an unsanctioned post when the school was a Class IV Junior High School and all sanctioned posts of Teachers remained filled in. g. Thereafter, the present writ petitioner, filed a contempt application bearing W.P.C.R.C. No. 11259(W) of 2003 alleging that the District Inspector of Schools (S.E.), Burdwan has failed to comply with the order dated 19th October, 2001 passed by the Court. h. On 24th September, 2004 the concerned District Inspector of schools affirmed an Affidavit-in-Opposition in the contempt proceeding bearing W.P.C.R.C. No. 11259(W) of 2003 stating that the approval of the service of the writ petitioner as the Assistant Teacher could not be complied with only for the want of information from the Principal Secretary, School Education Department, Government of West Bengal. i. By the order dated 18th July, 2005, the contempt rule in W.P.C.R.C. No. 11259(W) of 2003 was discharged by the Court recording the submissions made by the respondents that the present District Inspector Schools would make his best endeavour to persuade the Principal Secretary, Education Department so that a decision is taken at the earliest. j. In the year 2007, the writ petitioner once again approached the Court with another writ petition bearing no. W.P. No. 15282(W) of 2007 under Article 226 of the Constitution of India as no effective measure were taken by the concerned authorities to approve the writ petitioner as an Assistant Teacher of the said school. k. The writ petition bearing no. W.P. No. 15282(W) of 2007 was disposed of by an order dated 5th October, 2007 directing the Principal Secretary, School Education Department, Government of West Bengal to consider the entire aspect of the matter in light of the earlier orders passed by the Court and to take a decision supported with reasons within six weeks. l. The Principal Secretary, School Education Department, Government of West Bengal, after granting an opportunity of hearing to the petitioner by way of an order dated 23rd September, 2008 ruled out the scope of regularisation as prayed for by the writ petitioner after taking into account the Judgment passed by the Apex Court in Secretary, State of Karnataka & Ors. Vs. Umadevi & Ors., 2006 4 SCC 1. The findings of the Principal Secretary are relevant and are delineated below:- "5. Upon perusing the relevant documents and considering the submission made on behalf of the petitioners and the school authority the matter is disposed of with the decision that the service of both the petitioners do not deserve regularisation. The grounds for such a decision are as follows,- I. There was no vacant post at the relevant point of time against which the petitioners were given engagement. II. The school authority never took prior permission for such engagement, which is mandatory in case of a recognised Government aided school. III. It has been alleged in writ petition and consequently in the contempt petition that the case of upgradation is pending before the School Education Department with the DLIT report dated 19/12/01. But it appears from records that the school was upgraded on and from 1/5/2000 prior to the date of inspection of the DLIT dated 19/12/01 which was conducted pursuant to the order of the Hon'ble Justice Amitava Lala, as His Lordship then was. IV. Both the petitioners accepted the offer of engagement as "purely temporary teachers" and joined the school fully acknowledging and consenting to such conditions, which were binding upon them. As such the provision of Section 115 of the Indian Evidence Act applies in both the cases, which has stopped them from claiming any regularisation of service. V. In terms of the provisions of West Bengal School Service Commission Act and West Bengal Schools (Control of Expenditure) Act, recruitments to all recognised and aided High Schools are to be made through the West Bengal Central School Service Commission. VI. And last but not the least, the order of the Hon'ble Apex Court passed in the matter of Secretary State of Karnataka & ors - Vs - Uma Devi & ors, 2006 4 SCC 1 which is the law of the country, clearly rules out any scope of such regularisation as prayed for." m. The writ petitioner being aggrieved by the order passed by the Principal Secretary, School Education Department, Government of West Bengal once again approached the Court by way of a Writ Petition bearing No. W.P. No. 27471(W) of 2015. n. The Court by way of an order dated 5th November, 2015 disposed of the matter directing the District Inspector of Schools (SE), Burdwan to take a decision regarding approval of the writ petitioner in the post of an Assistant Teacher in the said school within a period of eight weeks. The above order, however, did not quash the order dated 23rd September, 2008 passed by the Principal Secretary. o. By way of a Memo No. 23/L-S dated 21st January, 2016 the District Inspector of Schools (SE), Burdwan informed the writ petitioner that no relief could be granted to him as the Principal Secretary, School Education Department, Government of West Bengal had already passed an order dated 23rd September, 2008 stating the reasons behind non appointment of the petitioner as an Assistant Teacher of the said school. p. The writ petitioner being aggrieved by the Memo No. 23/L-S dated 21st January, 2016 filed an application bearing no. C.A.N. 1640 of 2016 in W.P. No. 27471(W) of 2015 for seeking a clarification of the order dated 5th November, 2015. The Court by an order dated 20th April, 2016 directed the District Inspector of Schools (SE), Burdwan to take a decision afresh in the matter without being influenced by the order passed by the Principal Secretary, School Education Department, Government of West Bengal dated 23rd September, 2008. q. On 8th August, 2017 an order was passed by the District Inspector of Schools (S.E.), Burdwan wherein the prayer of the writ petitioner was not granted and thus the regularization was denied.
(3.) The petitioner has now filed a writ petition challenging the order dated 8th August, 2017 passed by the District Inspector of Schools (S.E.), Burdwan. It is to be noted that the writ petitioner in W.P. 23504(W) of 2017 is also challenging the same order dated 8th August, 2017 that had dealt with the issue of regularization of both the writ petitioners.;