J. K. BISWAS, J. ( 1 ) - This is an appeal filed against the judgment and order dated 26th March, 1999 passed by Shyamal Kumar Sen, J. (as His Lordship then was ). It was passed on a writ petition which had been registered in this Court under Civil Order No. 17829 (W) of 1996. The said writ petition had been filed by the respondent No. 1 herein. ( 2 ) BY the said judgment and order the learned Judge directed the State-respondents to regularise, with effect from 17th November 1992, the appointment of respondent No. 1 in the post of Matron at 'alipore Vidyamandir', Post Office: Nimta, Calcutta-700 049 (hereinafter referred to as 'the said school); and to give her all the consequential benefits. ( 3 ) THE appellant, who felt aggrieved by the said judgments and order was, however, not a party to the said writ petition. On application, leave was granted to the appellant to prefer the present appeal against the said judgment and order. ( 4 ) THE said writ petition was filed challenging a decision dated 18th September 1996 given by the District Inspector of Schools (SE), Barrackpore, District: North 24-Parganas of the State of West Bengal. The said decision was communicated to the Secretary of the said school by Memo No. nil dated 11th October, 1996. The relevant portions of the said decision are quoted below:"the only sanctioned post fell vacant on 17th November 1992 due to the death of Smt. Anima Chakraborty. The S/a had submitted application praying for P. P. to fill up the vacancy as per recruitment procedure. The P. P. was also accorded vide No. 328/bkp dated 28. 3. 95 from SC category following which a panel on the bonus (sic. basis) of a list submitted by the Employment Exchange Dum Dum was prepared by the Selection Committee. The said (sic. panel) was submitted to the D. I. /s for accordance of approval. The D. I. /s in turn accorded his approval to the panel communicated to school vide No. 763/bkp dated 7. 9. 95. Appointment could not have been made due to the maintenance of status quo of the petitioner granted by the Hon'ble High Court. No Attendance Register could be submitted in support of her serving the Institution while the S/s agreed that she has been actually serving the school as described hereinbefore. 9. 95. Appointment could not have been made due to the maintenance of status quo of the petitioner granted by the Hon'ble High Court. No Attendance Register could be submitted in support of her serving the Institution while the S/s agreed that she has been actually serving the school as described hereinbefore. The age of the petitioner is 45 years at present. Considering the facts and circumstances described hereinbefore, it appears that only one sanctioned post of Class IV staff file vacant on 17. 11. 92 and the said vacancy being the first one according to the 50 point roster (now 100 points) had already been permitted by this office to fill up from scheduled caste category from the second stage of Recruitment Procedure. It further appears that the school authority in turn prepared a panel of three scheduled caste candidates which was also approved by this office vide No. 763/bkp dated 7. 9. 95 and appointment will be made out of the said approval panel. Since the post is reserved for scheduled caste the petitioner's claim to absorb her in the said post does not therefore (sic.) justified. In view of her long service in the Institution on a meagre remuneration of Rs. 100/- per month from the "development Fund" of the school she may be considered for absorption subject to the prior approval of the Director of School Education, West Bengal in any future vacancy of Class IV staff as and when it may (sic ). The said representative (sic.) of the petitioner (annexure 'b') is thus disposed of. " ( 5 ) THE case of the respondent No. 1 in her writ petition was as follows:-on 1st August 1974, the then Managing Committee of the said school appointed her as Matron (Group-D staff ). She had been serving the said school without any break; on a fixed monthly remuneration of Rs. 100. The post of Matron of the said school was not an approved one. She was appointed; and continued to work in place of Smt. Anima Chakraborty who died in November 1992. She rendered long 21 (twenty-one) years' continues service to the said school; and in the process, she reached the age of 45 (forty-five ). At her such age, there was no chance of getting any job elsewhere. She was appointed; and continued to work in place of Smt. Anima Chakraborty who died in November 1992. She rendered long 21 (twenty-one) years' continues service to the said school; and in the process, she reached the age of 45 (forty-five ). At her such age, there was no chance of getting any job elsewhere. ( 6 ) ON 27th April, 1995 she made a representation to the District Inspector of Schools for approval of her appointment, but the same was not considered. In terms of Government's circular dated 16th July, 1980 she was entitled to get her appointment regularised in the only Group-IV post of the said school. She moved a writ petition being Civil Order No. 13690 (W) of 1995. By judgment and order dated 18th September, 1995 her said writ petition was disposed of by Gitesh Bhattacharjee, J (as His Lordship then was) by giving a direction upon the District Inspector of Schools to consider her representation dated 27th April, 1995 and pass a reasoned order. In compliance with such judgment and order the District Inspector of Schools disposed of her said representation by the decision dated 18th June 1996. The said authority rejected her claim for regularisation. ( 7 ) THE decision taken by the said authority was illegal, arbitrary, and bad in law, because in terms of Government's circular dated 16th July, 1980 she was entitled to be regularised in the post of Matron of the said school. She had been appointed by the then Managing Committee of the said school in exercise of power conferred on it by rule 28 (8) of the Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 (hereinafter referred to as 'the said Rules of 1969 ). At the time of her appointment the post was open for general category candidates. Accordingly, the decision to fill up the post by a reserved category candidate belonging to the scheduled castes was illegal. The District Inspector of Schools, who was exercising a quasi-judicial power, did not consider the records and evidence produced before him by the respondent No. 1 while taking the said decision. Accordingly, the decision to fill up the post by a reserved category candidate belonging to the scheduled castes was illegal. The District Inspector of Schools, who was exercising a quasi-judicial power, did not consider the records and evidence produced before him by the respondent No. 1 while taking the said decision. ( 8 ) MAKING out a case in her writ petition as stated above, the respondent No. 1 prayed for quashing of the said decision dated 18th September 1996; and prayed for a writ of Mandamus so as to command and direct the State-respondent to regularise her appointment in the post of Matron of the said school. It appears, the State-respondents did not file any affidavit-in-opposition to the said writ petition; although the State-respondents contested the case through their counsel. ( 9 ) BY the impugned judgment and order the learned Judge was pleased to quash the said decision dated 18th September, 1996 given by the District Inspector of Schools; and direct the State-respondents to regularise the appointment of respondent No. 1 in the vacancy which had occurred on 17th November, 1992. The relevant portions of the impugned judgment and order are quoted below:"in that view of the matter, in my view, since there is only one approved post and sanctioned post for Group-IV staff, there is no scope for reservation in the instant case and accordingly, the said post cannot be kept reserved for scheduled caste category and the order passed by the District Inspector of Schools rejecting the representation of the petitioner on the ground that the said post is kept reserved for group-IV category of staff does not appear to be correct and contrary to the law. Accordingly, the said order of the District Inspector of Schools dated 11. 10. 1996 stands quashed and set aside. Since the petitioner has rendered 21 years of continuous service without any break, she is entitled to be absorbed in the vacancy which occurred on 17. 11. 92. In this connection various decisions namely (1) Gouri Bose v. State of West Bengal and Ors. , reported in 1997 (1) CLJ 111 , (2) Swapan Roy v. State of West Bengal and Ors. , reported in 1996 (2) CLJ 552, (3) Bakul Rej and Ors. v. State of West Bengal and Ors. , reported in 91 Calwn 208, (4) District School Board, 24-Parganas (N and S) v. Dukhiram Sardar and Ors. , reported in 1997 (1) CLJ 111 , (2) Swapan Roy v. State of West Bengal and Ors. , reported in 1996 (2) CLJ 552, (3) Bakul Rej and Ors. v. State of West Bengal and Ors. , reported in 91 Calwn 208, (4) District School Board, 24-Parganas (N and S) v. Dukhiram Sardar and Ors. , reported in 1992 (2) CHN 355 and also the Division Bench of this Court in the case of Headmistress, Dubrajpur Girls High School and Ors. v. Pradip Kumar Mitra, reported in 1993 (2) CLJ 240 wherein it has been held that the long years of service rendered without any interruption and without anything against the petitioner on record entitles the person concerned to be regularised in service. In this case the same principle will apply with stronger force particularly when the petitioner will have no opportunity to get any other employment at this age, and thereby will be without any job, that will amount to violation of right to livelihood. Considering all aspects of the matter, there will be an order directing the District Inspector of Schools (SE) Barrackpore to recommend the case of the petitioner for regularisation of her service as Matron at Alipore Vidyamandir, Nimta, Calcutta with effect from the date when the vacancy occurred i. e. from 17. 11. 92 within four weeks from date and the Director of School Education, West Bengal is directed to accord approval to the same within two weeks thereafter and all consequential benefits should be made available to the petitioner. It is made clear that the excess age of the petitioner will not create any bar for according such approval. " ( 10 ) THE learned counsel for the appellant has submitted before us that the learned Judge was wrong in holding that since in a 4 (four) class Junior High School there could be only one Group-IV staff, the post must be treated as a single-cadre-post to which the rules of reservation would not be applicable. She has further submitted that the respondent No. 1 had not been appointed according to rules against any sanctioned post in the said school; and accordingly, there was no scope to regularise her appointment. She has contended that the appellant, who has been duly selected, is entitled to be appointed in the Group-IV post of the said school. She has further submitted that the respondent No. 1 had not been appointed according to rules against any sanctioned post in the said school; and accordingly, there was no scope to regularise her appointment. She has contended that the appellant, who has been duly selected, is entitled to be appointed in the Group-IV post of the said school. ( 11 ) ON the other hand, the learned counsel for the respondent No. 1 has submitted that in view of the long service rendered by his client from the year 1974, her legitimate right to be absorbed in the post of Matron of the said school on regular basis cannot be taken away by declaring the said single-cadre-post as reserved for the candidates belonging to the scheduled castes. ( 12 ) THE learned counsel for the State-respondents has supported the decision dated 18th September 1996 given by the District Inspector of Schools. ( 13 ) AFTER hearing the parties and considering the materials on record, as also the prevailing Government circular on the question of reservation of vacancies in Government aided recognised Secondary Schools, we are of the view that the impugned judgment and order cannot be sustained; and the respondent No. 1 could not be granted any relief on her said writ petition. Our reasons are as follows:-regarding the procedure for maintenance of the 50 (fifty) point roster of vacancies in the State aided Secondary and Higher Secondary Schools, the Government of West Bengal issued the memorandum No. 40-TW/ec dated 22nd January, 1991. The said memorandum is reproduced below:"government of West Bengal scheduled Castes and Tribes Welfare Department no. 40-TW/ec calcutta, the 22nd January, 1991 memorandum sub : procedure of maintenance of the 50-point roster of vacancies in the state aided secondary (including Junior High) and Higher Secondary Schools. Notwithstanding anything contained other wise in any other Order/orders previously issued, the following procedure shall be applicable with immediate effect for the purpose of maintaining the 50-point roster of vacancies prescribed in this Department's Notification No. 136-TW/ec dated 27. 3. 90 in all the state-aided secondary (including Junior High School) and Higher Secondary Schools:-1. Both the Secondary and Higher Secondary Units in any particular school shall be considered as one single unit and all the posts in both the units shall be deemed to belong to one single establishment. 2. 3. 90 in all the state-aided secondary (including Junior High School) and Higher Secondary Schools:-1. Both the Secondary and Higher Secondary Units in any particular school shall be considered as one single unit and all the posts in both the units shall be deemed to belong to one single establishment. 2. All the posts in any school shall be divided under two distinct categories, viz. (i) teaching category and (ii) non-teaching category. 3. he post of Headmaster, the post of Assistant Headmaster and the posts of Assistant teacher in any school shall be grouped together to constitute the teaching category, while all the other posts (including the post of Librarian) in the said school shall constitute a separate Group under the non-teaching category. 4. The 50-point roster of vacancies shall apply in relation to each of the aforesaid two Groups of posts under the respective categories and it shall not apply individually in relation to any individual post under either Group, one roster shall be maintained in respect of all the vacancies against all the posts grouped together under the teaching category. Similarly, another roster shall be maintained in respect of all the vacancies against all the posts grouped together under the non-teaching category. 5. If any vacancy or vacancies occurred before 27. 3. 90 (i. e. the date from which the 50-roster came into force) and if selection of candidates against such a vacancy or vacancies was completed either before 27. 3. 90 or thereafter, the said vacancies, as the case might be, may be filled up on the basis of the said selection in such an eventuality the deficiency, if any, in the intake of Scheduled Caste and/or Scheduled Tribe candidates against the quota of vacancies reserved for such candidates, on the said occasion of recruitment shall be adjusted against future recruitment on immediately next occasion of recruitment of recruitment of thereafter at the earliest chance under the appropriate category of posts or under the respective categories of posts, as it may be necessary. 6. Recruitments made, if any, under the 50-point roster on or after 27. 3. 6. Recruitments made, if any, under the 50-point roster on or after 27. 3. 90 in any manner other than what has been prescriber hereinbefore shall be adjusted appropriately against future recruitment at the earliest chance so as to make up the deficiency, if any, in the intake of Scheduled Caste and/or Scheduled Tribe candidates as per reserved quota for such candidates as provided as provided for in the 50-point roster. Copy forwarded to all concern. Sd/-K. Sathiavasan, jt. Commissioner for Reservation and ex-officio Jt. Secretary. "it is not disputed that the said memorandum dated 22nd January, 1991 issued by the Government of West Bengal is still in operation. ( 14 ) IT will appear from the said memorandum that excepting the posts falling in the teaching category all other posts in a 4 (four)-class Junior High School together constitute a separate group under the non-teaching category; and the 50-point roster of vacancies shall apply in relation to such group and not individually in relation to any individual post in such group. The validity of the Government decision contained in the said memorandum was not challenged in the writ petition. ( 15 ) THE factual position being as narrated above, we are unable to agree with the learned Judge that since in a 4 (four)-class Junior High School only one Group-IV staff is required, such post of Group-IV staff has to be treated as a single-cadre-post and hence cannot be subjected to reservation. ( 16 ) WE are of the view that the question: whether the post of Group-IV staff of the said school could be filled up by a reserved category candidate was not the primary question required to be decided in the said writ petition for ascertaining the entitlement of respondent No. 1 for her absorption on regular basis. The primary question which was required to be decided in the case was: whether the respondent No. 1 was entitled to be absorbed in the post of Matron of the said school on regular basis. ( 17 ) THE learned Judge has answered the question-indicated above by us in the affirmative for the sole reason that the respondent No. 1 had allegedly been serving the said school for long 21 (twenty-one) years; and at about the age of 45 (forty-five) she would not be able to secure any other employment elsewhere. ( 17 ) THE learned Judge has answered the question-indicated above by us in the affirmative for the sole reason that the respondent No. 1 had allegedly been serving the said school for long 21 (twenty-one) years; and at about the age of 45 (forty-five) she would not be able to secure any other employment elsewhere. The learned Judge has relied on a few decisions of this Court in support of the proposition that long years' service rendered, without any interruption and without any adverse reports on record, entitles a person to get his illegal appointment regularised. ( 18 ) THE said school was governed by the Statutory Management Rules, i. e. , the said Rules of 1969. Under rule 28 (1) of the said Rules of 1969 (as it was at the relevant point of time) the Managing Committee of the said school had the power to appoint a non-teaching employee on permanent or temporary basis against permanent or temporary vacancy only if such vacancy was available within the sanctioned strength of the non-teaching employees; and after such appointment the Managing Committee was under an obligation to seek approval thereof from the competent authority within a fortnight from the date of decision of the Managing Committee in case of appointment on permanent basis, and within a week from the date of such decision in case of appointment on temporary basis. ( 19 ) THE admitted factual positions in the present case are as follows: The respondent No. 1 had not been appointed by the Managing Committee of the said school against any vacancy either permanent or temporary available within the sanctioned strength of non-teaching staff thereof. The Managing Committee of the said school had at no point of time sought approval of the purported appointment given to the respondent No. 1. In the only sanctioned Group-IV post of the said school, admittedly, one Smt. Anima Chokraborty had been working as the duly appointed person. The post fell vacant only on 17th November 1992 when said Smt. Chokraborty died. There can be no dispute that the appointment of respondent No. 1 was an illegal appointment. ( 20 ) THEREFORE, the contention of the respondent No. 1 raised in her writ petition that her appointment had been made according to rule 28 of the said Rules of 1969, has no substance at all. There can be no dispute that the appointment of respondent No. 1 was an illegal appointment. ( 20 ) THEREFORE, the contention of the respondent No. 1 raised in her writ petition that her appointment had been made according to rule 28 of the said Rules of 1969, has no substance at all. Incidentally, we mention here that sub-rule 8 of said rule 28 does not deal with the Managing Committee's power to appoint anyone in the institution. Said sub-rule deals with its power to take disciplinary actions against members of the staff of the institution. ( 21 ) HER contention raised in the writ petition that in terms of Government's Circular dated 16th July 1980 she was entitled to regularisation of her appointment, has also no merit at all. By that Circular the Government only notified its decision that members of the staff serving in recognised secondary aided schools against permanently sanctioned posts for consecutive two years and enjoying the salary and allowances as per grant-in-aid rules should be immediately approved. Admittedly, the respondent No. 1 had neither been appointed against any permanently sanctioned post, nor had she been enjoying salary and allowances as per grant-in-aid rules. Therefore, the respondent No. 1 was not entitled to any benefit of said Circular. The said Circular dated 16 July, 1980 is however, quoted herein below:"government OF WEST BENGAL education DEPARTMENT, Estt. Branch. 536-Edn. (estt.)no.- - - - - - - dated, the 16th July, 1980 9a. 9/80 to: the Director of Secondary Education, West Bengal. Sub: approval of the appointments of the teachers and non teaching staff of the recognised Secondary Education the undersigned is directed to say that there are recognised schools both aided and unaided, where teachers and non-teaching staff were appointed against permanent posts and have been serving for consecutive two years on salaries and allowances as per grants-in-aid Rules. It has been represented to the Government that the appointments of such employees have not yet been approved. The Government after careful consideration have been pleased to decide that the appointments of teachers and other non-teaching employees serving against permanently sanctioned posts for consecutive two hears and enjoying salaries and allowances as per grants-in-aid Rules should be immediately approved. It has been represented to the Government that the appointments of such employees have not yet been approved. The Government after careful consideration have been pleased to decide that the appointments of teachers and other non-teaching employees serving against permanently sanctioned posts for consecutive two hears and enjoying salaries and allowances as per grants-in-aid Rules should be immediately approved. The Government have further been pleased to decide that the additional posts of teaching and non-teaching staff created temporarily and continuing for more than three years should be declared permanent with immediate effect and the incumbents serving against such posts on temporary approval for consecutive two years and enjoying salaries and allowances as per grant-in-aid Rules should be confirmed under sub-rules (7) of the Rule 28 of the Management of Recognised Non-Government Institutions (aided and unaided), Rules, 1969. It is requested that necessary action may please be taken in the matter immediately under intimation to this Department. Sd/-H. Banerjee," ( 22 ) FROM the above mentioned factual and legal positions we find that the respondent No. 1 had no legal right or entitlement for regularisation of her appointment in the post of Matron of the said school. ( 23 ) QUESTION was: whether giving benefit to her continuous service for long twenty-one years, as claimed by her, her appointment could be regularised. The learned Judge has held that by virtue of her long service she had become entitled to get her appointment regularised. The learned Judge has relied on a few decisions of this Court in support of this proposition. It appears to us that the law laid down by the Apex Court on the question, as on that date, was not brought to the notice of the learned Judge. ( 24 ) IT was way back in the year 1992, in the case of Karnataka State Private College Stop-Gap Lecturers Association v. State of Karnataka and Ors. , 1992 (2) SCC 29 (para 2) the Supreme Court observed:-"ad hoc appointments, a convenient way of entry usually from backdoor, at times even in disregard of rules and regulations, are comparatively recent innovation to the service jurisprudence. They are individual problems to begin with, become a family problem with passage of time and end with human problem in Court of Law. They are individual problems to begin with, become a family problem with passage of time and end with human problem in Court of Law. It is unjust and unfair to those who are lesser fortunate in society with little or no approach even though better qualified, more meritorious and well deserving. The infection is widespread in Government or semi-Government departments or State financial institutions. It arises either because the appointing authority resorts to it deliberately as a favour or to accommodate someone or for any extraneous reason ignoring the regular procedure provided for recruitment as a pretext under emergency measure or to avoid loss of work etc. Or the rules or Circulars issued by the department itself empower the authority to do so as a stop-gap arrangement. The former is an abuse of power. It is unpardonable. Even if it is found to have been resorted to as a genuine emergency measure the Courts should be reluctant to grant indulgence. Latter gives rise to equities which have bothered Courts every now and then. Malady appears to be widespread in educational institutions as provisions for temporary or ad hoc appointments have been exploited by the managements of private aided colleges to their advantage by filling it, on one hand, with person of own choice, at times without following the procedure, and keeping the teachers exposed to threat of termination on the other, with all evil consequences flowing out of it. " ( 25 ) THEN in the case of Dr. Aurndhati Ajit Pargaonkar v. State of Maharashtra and Ors. , 1994 Supp (3) SCC 380 (para 7) the Supreme Court, while holding that merely on account of long period of service one's appointment cannot be regularised, said as follows:-"nor the claim of the appellant, that she having worked as Lecturer without break for nine years on the date the advertisement was issued she should be deemed to have been regularised appears to be well founded. Eligibility and continuous working for howsoever long period should not be permitted to overreach the law. Requirement of rules of selection through Commission cannot be substituted by humane considerations. Law must take its course. Consequently, the appellant was not entitled to claim that she should have been deemed to have been regularised as she had been working without break for nine years. Requirement of rules of selection through Commission cannot be substituted by humane considerations. Law must take its course. Consequently, the appellant was not entitled to claim that she should have been deemed to have been regularised as she had been working without break for nine years. " ( 26 ) IN the case of Ashwani Kumar v. State of Bihar, AIR 1997 SC 1628 the Supreme Court held that a person whose entry in service is illegal, being in total disregard of the recruitment rules or being not in existing vacancy, has no case for regularisation. It was held that such an entry of the person in service would remain tainted from the very beginning and no question of regularisation such an illegal entrant would ever survive for consideration, however, competent the recruitment agency may be. ( 27 ) THE regularisation of an irregular appointment is not unknown altogether. We are of the view that there is a distinction between an 'irregular appointment' and an 'illegal appointment'. An appointment made de hors the rules is simply an illegal appointment. On the other hand, an appointment made following the rules may become irregular for non-compliance with certain directory provisions of the relevant rules. ( 28 ) AS the Supreme Court has said: an appointment made de hors the rules is tainted from the very beginning and it can never be regularised. When the very appointment continues to be illegal, it can never be regularised or made legal, howsoever long a period one may serve pursuant to such illegal appointment. An illegal appointment can be made for very many considerations, but the very action of the employer is violative of the obligation cast on him to act in terms of Articles 14 and 16 of the Constitution of India. Legalising such illegal appointment may benefit an individual, but the act irreparably erodes the fundamental rights of numerous citizens who perpetually stand to be deprived of getting the equal opportunity of offering their candidates for the post in question. The concept of regularisation in public so as to legalise illegal appointments on consideration of human problem or on humane consideration is not consistent with the language, spirit, and object of Articles 14 and 16 of the Constitution of India. The concept of regularisation in public so as to legalise illegal appointments on consideration of human problem or on humane consideration is not consistent with the language, spirit, and object of Articles 14 and 16 of the Constitution of India. ( 29 ) FOR the foregoing reasons, with great respect, we are unable to agree with the learned Judge that because of long service rendered by the respondent No. 1 in the said school she had become entitled to get her appointment regularised against the vacancy, which occurred after 18 years of her alleged initial appointment. ( 30 ) ADMITTEDLY, the appellant was selected for appointment against the vacancy, which had arisen in the year 1992; and she was selected according to rules. Therefore, the appellant's right to be considered for the appointment cannot be put into jeopardy by directing the authority to legalise the illegal appointment of the respondent No. 1 under garb of regularisation of her appointment. ( 31 ) THERE is no merit whatsoever in the contention that the District Inspector of Schools was required to act as a quasi-judicial authority while giving the decision dated 18th September, 1996. We find no illegality in the decision. In view of the above reasons we allow this appeal and set aside the impugned judgment and order dated 26th March, 1999 passed on the writ petition being Civil Order No. 17829 (W) of 1996 filed by the respondent No. 1. The said writ petition is hereby dismissed. There will be no order as to costs. Later on 20. 8. 02 if urgent xerox certified copies of this judgment and order are applied for the same may be made available to the learned counsel for the respective parties upon compliance with all the formalities. A. K. Mathur, CJ.- I agree. Appeal allowed