S.B.Sinha, J. - (1.) This appeal is directed against the order dated 22.4.99 passed by a learned single Judge of this Court whereby and whereunder the writ application filed by the appellants herein was disposed of with the following direction: "Here the case lies that the Secretary did not participate in interview as a result whereof the writ petition fails. There will be no order as to costs. However, the District Inspector of Schools (SE) Midnapore will consider the panel in accordance with law and will give a decision in this respect within four weeks from the date of communication of this order, if necessary, by giving an opportunity of hearing to the parties including the petitioners and by passing a reasoned order thereof."
(2.) The State of West Bengal enacted West Bengal Secondary Education Act, 1963. Pursuant to or in furtherance of the Power conferred upon it in terms of section 45 of the said Act, the State also framed under the Act the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969. Clauses (i) and (ii) of sub-rule (1) of Rule 28 and Clause (1) of sub-rule (4) of the said Rules reads thus: (i) to appoint in accordance with the directions given by the Director in this behalf, teachers and other employees on permanent basis against permanent vacancies, if available, within the sanctioned strength of teachers and other employees, approval for such appointment being thereafter sought for from the Director or any officer authorized by him ordinarily within a fortnight from the date of decision of the Committee; (ii) to appoint in accordance with the directions given by the Director in this behalf, teachers and other employees, on temporary basis against permanent or temporary vacancies, if available, within the sanctioned strength of teachers and other employees approval for such appointment being thereafter sought for from the Director or any other officer authorized by him ordinarily within a week from the date of decision of the Committee; Clause (i) of sub-rule (4). To appoint in accordance with the directions given by the Director or in his behalf teachers and other employees on permanent or temporary basis, approval of such appointment being thereafter sought for from the Board through the Director ordinarily within a fortnight from the date of decision of the Committee;"
(3.) The Director of School Education in exercise of his power conferred upon him under clause (i) and (ii) of sub-rule (1) of Rule 20 of the Management Rules and clause (1) of sub-rule (4) thereof framed rules commonly known as "Recruitment Rules, 1969." The said Recruitment Rules in view of several decisions of this Court are binding on all the statutory authorities including the Managing Committee of the School. Prior permission was granted for filling up the Group-D post by the District Inspector of Schools (SE) in terms of the said Recruitment Rules.;