Suranjan Karmakar v. Minoti Pal — 1987 DIGILAW 359 (CAL)

JUDGMENT 1. THIS appeal is directed against the judgment dated. 27th February, 1986 passed by the learned trial Judge in a Civil Order arising out of the writ petition made by Sm. Minati Pal against the State respondents and others. 2. THE learned trial Judge allowed the writ petition by directing the respondents to give appointment to the writ petitioner Sm. Minati pal as a non-teaching staff in the Radhanagar Junior High School in the district of Nadia. The appellant, Sri Suranjan Karmakar made an application for post of non-teaching Class IV staff in the said School pursuant to an advertisement made in the daily newspaper 'dainik sumati' He appeared before the Selection Committee formed by the managing Committee of the said School and the appellant came to know that in the panel prepared by the selection committee for appointment to the said post, he was placed at the top of the panel. While the said appellant had been anxiously waiting for getting the letter of appointment to the said post he came to know that the writ petitioner Sm. Minati pal who also appeared before the Selection Committee but was unsuccessful in such selection test, had moved a writ petition before this Court and by an interim order the respondents were restrained from making any order of appointment. The said appellant thereafter appeared through sri Bikash Ranjan Bhattacharjee, a learned Advocate of this Court and sought permission of the Court to intervene in the matter and the learned trial Judge allowed the said learned counsel to make submission. But the said writ petition was disposed of on 2 7th February, 1986 when the learned counsel for the appellant could not appear and the said writ petition was allowed by the learned trial Judge inter alia directing the Managing committee of the School to appoint writ petitioner Sm. Minati Pal as a special case because she was entitled to be considered under the special category of the heirs and representatives of the persons died in harness. It appears that Sri Netai Chandra Pal the husband of Sm. Minati pal was a non-teaching staff of the said School and he had died in harness. Sm. Minati Pal as a special case because she was entitled to be considered under the special category of the heirs and representatives of the persons died in harness. It appears that Sri Netai Chandra Pal the husband of Sm. Minati pal was a non-teaching staff of the said School and he had died in harness. Sm. Minati Pal thereafter made an application before the managing committee for being absorbed in the said school in the vacancy caused by the death of her husband and the said application was forwarded to the district Inspector of Schools by the Managing Committee. It appears that the Secretary of the said School by letter dated 26th February, 1985 sought permission from the District Inspector of Schools for filling up the vacancy of Class IV staff which fell vacant due to the death of sri Netal Chandra Pal and by a letter dated 8th July, 1985 the District inspector of Schools, Nadia, informed the Secretary of the School to fill up the said vacancy by duly qualified Class IV Staff. After receiving permission from the District Inspector' of Schools (SE), Nadia, an advertisement was published, in the Dainik Basumati on 16th September, 1985 and a number of persons including the appellant Sri Suranjan Karmakar and the said Sm. Minati Pal appeared before the selection committee and the said Sm. Minati Pal was not found suitable by the Selection Committee and three persons were found suitable by the selection committed including the said Suranjan Karmakar whose name was placed first in the panel The said panel was thereafter forwarded to the Managing committee and to the District Inspector of Schools, Nadia for approval but the said-panel was not approved in view of the interim order obtained by the said Sm. Minati Pal. The managing committee supported the said sri Suranjan Karmakar, the appellant in the instant appeal, and it was contended by the appellant since, supported by the Managing Committee that as the said Sm. Minati Pal was unsuccessful before the Selection committee and as her name was not forwarded by the District Inspector of School before the selection was held, the said Sm. Minati Pal could not claim appointment in the vacancy caused by the' death of her husband as a matter of course. Minati Pal was unsuccessful before the Selection committee and as her name was not forwarded by the District Inspector of School before the selection was held, the said Sm. Minati Pal could not claim appointment in the vacancy caused by the' death of her husband as a matter of course. It has been contended by the appellant that when the School Authorities sought for approval from the District Inspector of Schools for filling up the vacancy caused by the death of Netal Chandra pal, the District Inspector of School gave approval but the District Inspector of Schools despite being informed of the death of the said Netal chandra Pal, did not forward the name of Sm. Minati Pal or any other person in the category of the legal heirs and representatives of the persons dying in harness for being considered by the said school. The School, authorities were therefore justified in giving advertisement in filling up the said post in Dainik Basumati. The said Sm. Minati Pal had also appeared before the said Selection Committee along with other candidates but she was not found suitable by the Selection Committee but the appellant was placed at the top of the panel prepared by the Selection Committee since addressed by the Managing Committee and forwarded by the District Inspector of Schools. 3. IN the aforesaid circumstances, the question of appointing the said Sm. Minati Pal in the said school could not and did not arise and the learned trial Judge was wrong in giving direction to the School authorities to appoint the said Sm. Minati Pal in the vacancy caused by the death of the said Netai Chandra Pal. 4. AFTER considering the respective contentions made by the learned counsels for the parties and also considering the circumstances involved in the instant case, it appears to us that under the Rules for management for Recognised Non-Government Institutions (Aided and Unaided) 1969, whenever any post falls vacant due to the death or retirement of a teaching or non-teaching staff, the managing committee is required to intimate such fact. of vacancy and seek permission to fill up such vacancy. Unless such permission is obtained from the District Inspector of Schools, no step for filling up such vacancy can be taken by the Managing Committee of the concerned School. of vacancy and seek permission to fill up such vacancy. Unless such permission is obtained from the District Inspector of Schools, no step for filling up such vacancy can be taken by the Managing Committee of the concerned School. It appears to us that under the rules for filling up such vacancies, the Managing Committee is required to make a request to the District Inspector of Schools to send the nasals from the panel of persons consisting of heirs and legal representatives of persons dying in harness maintained by the District Inspector of Schools. On such request, the District Inspector of Schools is to forward the names from such panel to be considered by the managing' commit tee for appointment within 15 days from the date of request. If within the said period, the district Inspector of Schools fails to forward the names from such panel, the Managing Committee will be entitled to proceed for filing up such vacancy initially by considering the names sponsored by the local Employment exchange and on the event no such name is made available or the candidates sponsored by the Employment Exchange are not found suitable the Managing Committee is entitled to fill up the vacancy by giving an open advertisement for the said purpose. Although the application made by the said Sm. Minati Pal to the Managing Committee was forwarded by the Managing Committee and although the Managing Committee had sought for permission from the District" Inspector of Schools to fill up the vacancy caused due to the death of the said Netal Chandra Pal, the Managing Committee failed and neglected to ask for the names from the panel of heirs and legal representatives of the persons dying in harness from the District Inspector of Schools. It appears that immediately on getting the said permission from the District Inspector of Schools for filing up the said vacancy an advertisement was given by the Managing committee in the Dainik Basumati and a selection was made from amongst the candidates appearing in the selection test. In the aforesaid circumstances, it appears to us that the rule's for filling up the vacancy had not been complied with by the Managing committee of the said School. It is immaterial if Sm. Minati Pal lad appeared in the said selection test along with other candidates but was not found table by the Selection Committee for such appointment. In the aforesaid circumstances, it appears to us that the rule's for filling up the vacancy had not been complied with by the Managing committee of the said School. It is immaterial if Sm. Minati Pal lad appeared in the said selection test along with other candidates but was not found table by the Selection Committee for such appointment. From the scrutiny of the rules it appears to us that before considering the names of candidates either sponsored by the local Employment Exchange or candidates appearing before the Selection Committee in response to an open advertisement, the Managing Committee has an obligation to ask for the names from the panel of heirs and legal representatives of persons dying in harness from the District Inspector of Schools. It appears to us that the aforesaid rule has been made to ensure that the heirs and legal representatives of the persons dying in harness in different schools in the districts gets a chance of being considered sympathetically by the Managing Committee for appointment in the School by keeping in mind the services rendered by their predecessors. It is only when such names are considered by the Managing Committee and the Managing committee for reasons to be recorded do not agree in selecting any one from the said panel, the said fact of its inability to select any one in the panel is to be made known to the District Inspector of Schools and it is only then Managing Committee can proceed further for appointment to the vacant posts. Sm. Minati Pal may not have been found suitable when compared to other candidates appeared before the Selection committee but that fact alone cannot disentitle her to be considered separately along with other members in the panel of the heirs and legal representatives of the persons dying in harness. . In the aforesaid circumstances, the Managing Committee was not justified in forming a Selection committee and holding interview of the person appearing before the selection Committee. 5. THE appeal is therefore disposed of directing the District Inspector of Schools to forward the names from the panel maintained by the district Inspector of Schools of the heirs and legal representatives of the persons dying in harness including; the sid Sm. Minati Pal to the Managing Committee of the said School, within three weeks from the date of this judgment. Minati Pal to the Managing Committee of the said School, within three weeks from the date of this judgment. The Managing Committee will consider the names of such panel for the aforesaid appointment. If the Managing Committee fails to select any one to the said post from amongst the persons included in the said panel to be forwarded by the District Inspector of Schools, the Managing Committee will be entitled to proceed for appointment to the said post of Class IV staff in accordance with the existing Rules after informing the reasons of its inability to take any one from the said panel. The District Inspector of Schools in that event will keep the name of Sm. Minati Pal in the panel of heirs and legal representatives of the persons dying. in harness to be forwarded for such appointment in the other Schools of the District in future. There will be no order as to costs.