- (1.) Both these appeals involving common questions of law are taken up for bearing together and are disposed of by this common judgment. However, factual matrix of the matter may be taken from M.A.T. No. 1280 of 1999.
(2.) A prior permission in terms of the recruitment rules bid been granted by the District Inspector of Schools in the year 1994. Allegedly, the entire selection process has been completed is the year 1994 and the panel has also been seat for approval by the managing Committee to the District Inspector of Schools in the year 1591. In terms of the recruitment rales, the District Inspector of Schools is required to pass an appropriate order either approving or disapproving the panel with the time specified therein. He failed and/or neglected to do so. Although the time so granted by reason of the recruitment rules is directory in nature, there cannot be any doubt whatsoever that all public authorities must perform their statutory authorities with reasonable time. Reasonableness as defined under Article 14 of the Constitution of India, envisages action of the public functionaries or statutory authorities within a reasonable time. A candidate thus cannot suffer for the latches and/or negligence on the part of the public functionary. It is, therefore, not a case where the learned trial Judge could have dismissed the writ application in limit only on the ground that School Service Commission Act has come into force. If the process of selection is complete, in the considered opinion of this Court, the matter requires fresh consideration at the hands of the learned trial Judge after giving an opportunity of hearing to the respondents and to file affidavit-in-opposition so as to enable them to explain what action has been taken during such period. Mr. Panja, learned Counsel appearing on behalf of the respondent, submits that such affidavit in-opposition shall be filed within two weeks after reopening of this Court after the ensuing summer vacation. Affidavit-in reply thereto may be filed within one week thereafter. Liberty is given to the parties to mention the matter before the appropriate Bench for expeditious disposal of the writ application.
(3.) This appeal is allowed with the aforementioned observations and directions. The Impugned order is set aside. There will be no order as to costs. Let a plain copy of this order duly countersigned by Assistant Registrar (Court) be handed over to the learned Counsel for the respondent to enable him to communicate the same to the District Inspector of School concerned.;