S.B. Sinha, J. - (1.) These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. These appeals involve a question as to whether in the facts and circumstances of these case, the provisions of the School Service Commission Act, 1997, West Bengal Act No. 4 of 1997 will have any application or not. Before considering the point of issue the short fact of the matter may be noticed.
(2.) Some post of Assistant Teachers fell vacant in Bohalberia Md. B.N. Siksha Sadan from time to time. Allegedly on or about 20-9-93 a prior permission was granted to fill up the said vacancy. However, on or about 12-11-97/27-10-98 fresh prior permission had been granted; pursuant whereto the Managing Committee of the School asked the Employment Exchange to sponsor the names of candidate on 8-11-98. In the meantime the School Service Commission Act (hereinafter referred to as the said Act) came into force on 1-11-97. Rules under the said Act were made by the State of West Bengal on or about 8-11-98.
(3.) An advertisement was published in the newspapers inviting application for the post of Assistant Teacher on 2-12-98 and the panel was prepared and in one of the posts the son of the Head Master of the said school was selected and was placed at Serial No. 1 in the panel. On 12-2-99 the said panel was submitted to the District Inspector of Schools (SE), South 24 Parganas, Alipore.;