S.B.Sinha, J. - (1.) This appeal is directed against an order dated 27.6.86 passed by a learned single Judge of this court in C.O. No. 8108(W) of 1986 whereby and whereunder the writ application filed by the writ petitioner was dismissed. The writ petitioner/appellant claimed himself to be an Organiser Teacher of Nawada Palundi Jr. High Madrasah (hereinafter referred to as the said Madrasah). The said Madrasah was recognised by the West Bengal Madrasah Education Board on 5.5.82 with effect from 1.1.82 for Class V and VI and from 1.1.83 for class VII and VIII. The petitioner was found to be working as an Organiser Teacher in the said Madrasah but keeping in view the staff pattern of the said Madrasah with effect from 5.4.80 the petitioner having not been possessed the B.Sc. qualification his service has not been approved in terms of the circular letter issued by the State of West Bengal. The said circular letter being No. 918-Edn(S)/5M-6/92 (P.F.) dated 23rd October, 1992 is to the following effect : "Upon upgradation of two class Junior Madrasah and four-class Junior High Madrasahs the qualified teaching and non-teaching staff have been appointed by the Madrasah for running of the non-recognised as higher classes, if any, may also be considered as organising staff for approval of their appointment subject to the following conditions :- (i) The name(s) of such teacher (s) and non teaching staff are recorded in the final inspection report leading to such upgradation. (ii) Such staff possessed the prescribed minimum qualifications for their respective posts at the time of initial appointment. (iii)Such staff were within the prescribed age limit on the date of initial appointment was existing at that time. (iv)Appointment of such teaching and non-teaching staff shall be approved in order of seniority (as recorded in the final inspection report) strictly in conformity with the existing approved staff pattern."
(2.) In view of the fact that the petitioner was not a holder of degree in Bio-Science and as the post which was lying vacant was for Bio-Science, the learned trial Judge by reason of the impugned order rightly held that the Director of School Education has not acted in any illegal manner,
(3.) Mr. De, learned counsel, appearing on behalf of the writ petitioner/appellant however has drawn our attention to the fact that keeping in view the fact that Bio-Science Teacher was not always available, that State of West Bengal itself issued a circular being No. dated 5th December, 1987, the relevant portion whereof reads thus : "2. while considering cases of approval of organiser teachers of such schools as had applied to the West Bengal Board of Secondary Education before 1975 and subsequently recognised/up-graded with effect from 1.1.86 and 1.1.87, one time special relaxation of the provisions specified above may, however, be made, both in case of Junior High Schools to the extent that (for a 2-class Jr. High School, there will be 3 teachers and for a 4-Class Jr. High School, out of 6 teachers, at least one should be Science Teachers (one for pure science and another for Bio-science and such one-time relaxation cannot be cited as a precedent in any other case, provided that the conditions laid down in sub-clause (a), (b), (c) of clause (I), are fulfilled".;