ASOKE SAWOO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These appeals arise out of a common judgment and order passed by a learned Judge o this Court whereby several writ petitions have been disposed of. We have heard all th appeals analogously alongwith the connected Stay Applications since common questions o law are involved in these appeals.

(2.) The appellants in these appeals are either the School Authorities or the individuals The factual and legal issues centre around the applicability of the Rules relating to th appointment to the post of Non-Teaching Staff in High or Higher Secondary Schools in Wes Bengal. While deciding the writ petitions by the judgment and order under appeal, learned Single Judge held that in view of the West Bengal School Service Commission (Amendment Act, 2008 which came into force on 14th January, 2009, vacant posts of Non-Teaching Staf should be filled up under the aforesaid Act of 2008 and the West Bengal School Servic Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules 2009.

(3.) Mr. L. K. Gupta, learned senior counsel of the appellants submitted that the process o selection for filling up the vacant posts of Non-Teaching Staff had commenced in terms of th provisions of West Bengal School (Recruitment of Non-Teaching Staff) Rules, 2005(hereinafter referred to as the '2005' Rules) and therefore the provisions of the West Benga Schools Service Commission (Amendment) Act, 2008 have no manner of application in the matter of selecting candidates for filling up the vacant posts in question in Aided Non Government Schools.