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2004 DIGILAW 737 (CAL)

CHANDI PRASAD MANDAL v. STATE OF WEST BENGAL

2004-11-25

PRATAP KUMAR RAY

body2004
PRATAP KUMAR RAY, J. ( 1 ) HEARD the learned Advocates appearing for the parties. ( 2 ) IN the instant case, it is the grievance of the petitioner, who was a candidate appeared in the interview for Group 'd' post in the secondary school, managed and controlled by the Chandernagore Municipality on the point that desire completion of process of selection the panel has not been approved by the District Inspector of Schools concerned. The petitioner prayed for writ of mandamus commanding the District Inspector of Schools concerned to approve the panel. This writ application has been opposed by the State respondents by filling an affidavit through the District Inspector of Schools concerned, contending, inter alia, that under the Recruitment Rules issued by the Director of School Education, West Bengal vide Memo No. 2066-G. A. dated 27th October, 1995 which has applicability with reference to all appointments of teaching and non-teaching staff of the school managed and controlled by the Chandernagore Municipality in view of their Rules namely, chandernagore Municipal Corporation (Education Committee) Rules, 1995, the Chandernagore Municipality has no jurisdiction and power to advertise the post in the daily Newspaper as under the prior permission accorded to fill up the vacancy of the Group 'd' staff in the concerned school, only sponsored candidates of the Employment Exchange were eligible to appear. It has been further contended that though the Employment Exchange referred the names of 20 candidates, Chandernagore Municipality inviting application through paper advertisement allowed other 48 candidates in such selection test and thereby out of 68 candidates a panel was prepared and for that reason panel was not approved as it was done on total breach of the recruitment Rules dated 27th October, 1995 issued by the Director of School education, West Bengal. Chandernagore Municipality, however, has supported the case of the petitioner by contending, inter alia, that the Supreme Court since observed in the case Excise Superintendent Malkapatnam, Krishna district A. P. v. K. B. N. Visweshwara Rao and Ors. , reported in (1996)6 SCC 216 that under the Employment Exchange (Compulsory Notification of Vacancies) act, 1959 since there was no restriction for paper advertisement inviting names of the candidates from another source than the Employment Exchange, the decision of the Chandernagore Municipality was legal and justified to allow the 48 candidates who applied in terms of the paper advertisement. , reported in (1996)6 SCC 216 that under the Employment Exchange (Compulsory Notification of Vacancies) act, 1959 since there was no restriction for paper advertisement inviting names of the candidates from another source than the Employment Exchange, the decision of the Chandernagore Municipality was legal and justified to allow the 48 candidates who applied in terms of the paper advertisement. Having regard to the rival contention of the parties, very short questions are involved in this case as to whether there was any breach of the Recruitment rules dated 27th October, 1995 issued by the Director of School Education, west Bengal and also whether the Chandernagore Municipality got the jurisdiction to advertise the post in the daily newspaper when there is a total embargo in the Recruitment rules issued by the Director of School Education, west Bengal to this effect that until and unless the Employment Exchange refuses to refer the name of any candidate, no newspaper advertisement inviting names of the candidates could be made, those are the points for adjudication herein. Admitted facts in this writ application are to this effect. There was a vacancy of Group 'd' post in a secondary school maintained and managed by the Chandernagore Municipal Corporation. It is an admitted position also that the Chandernagore Municipal Corporation (Education committee) Rules, 1995 adopted the recruitment procedure of teaching and non-teaching staff as issued by the Director of School Education, West Bengal in exercise of his power in terms of the Rule 28 of the Rules of Management of Recognized Non-Government Institution (Aided and Unaided) Rules, 1969 (hereinafter for brevity referred to Management Rules, 1969 ). It is also an admitted position that such power under Rule 28 authorizing the Director of school Education, West Bengal to frame necessary recruitment regulations for appointment of teaching and non-teaching staff of the Schools covered by the Management Rules, 1969 and/or the school which have adopted such recruitment procedure by their separate regulation, got its authority under section 45 of the West Bengal Board of Secondary Education Act, 1963. The chandernagore Municipal Corporation hereinafter referred to as the concerned corporation adopted the Recruitment Rules issued by the Director of School education, West Bengal for processing the recruitment of all teaching and non-teaching staff of different municipal schools under their control. The chandernagore Municipal Corporation hereinafter referred to as the concerned corporation adopted the Recruitment Rules issued by the Director of School education, West Bengal for processing the recruitment of all teaching and non-teaching staff of different municipal schools under their control. The said corporation through the concerned school under his management sought prior permission to fill up the vacancy in terms of the Recruitment Rules dated 27th October, 1995 issued by the Director of School Education, West bengal before the District Inspector of Schools (SE) Hooghly, who in turn accorded prior permission to fill up the post of Group 'd', reserved for scheduled Caste, by specifying in the prior permission that the names to be called for from the concerned Employment Exchange only in terms of the recruitment Rules dated 27th October, 1995 aforesaid. The school management invited names from the concerned Employment Exchange, who sponsored 20 candidates belonging to Scheduled Caste community for such selection. But the said Corporation, however, invited names from the general public by advertising the post in the daily newspaper and in pursuance thereof, 48 candidates applied for the said post. Out of total 68 candidates, 20 from the Employment Exchange and 48 in terms of the advertisement, the Interview committee prepared a panel of three candidates wherein names of the present petitioner appeared as first position of the panel who admittedly was not a sponsored candidate from the Employment Exchange but a candidate appeared in terms of the newspaper advertisement of the said Corporation. The District Inspector of Schools concerned raised an objection regarding preparation of panel on the ground that in total breach of Recruitment Rules of Director of School Education West Bengal, the names of 48 candidates were considered, who applied in terms of the newspaper advertisement though there is a total embargo of such newspaper advertisement until and unless the Employment Exchange certifies that there is no eligible candidate who would be sponsored for the said post. Further on the ground that there was a long delay of submission of the panel about six months, which was also in breach of the Rule issued by the Director of School Education, West Bengal. On the aforesaid admitted factual matrix now the point to be decided. Further on the ground that there was a long delay of submission of the panel about six months, which was also in breach of the Rule issued by the Director of School Education, West Bengal. On the aforesaid admitted factual matrix now the point to be decided. ( 3 ) AS already referred to that the Chandernagore Municipal corporation following their procedure in terms of the concerned Act of which the Corporation was set up formulated a rule for management and control of the municipal schools under their management, which is named as chandernagore Municipal Corporation (Education Committee) Rules, 1995. Rules 10 to 12 of the said Rule relates to management. of the school as well as recruitment process. Rule 12 of the said Rule, 1995 of Municipal Corporation provides that all appointments of teaching and non-teaching staff of the municipal schools would be made following the Recruitment Rules prescribed by the Director of School Education, West Bengal from time to time. The Rule 12 reads thus : "12. Subject to the provision of Chandernagore Municipal Corporation act of 1990 (West Bengal Act XXXII of 1990) the Corporation on the recommendation of the committee, may appoint teachers for Municipal schools as per Recruitment Rules of Director of Schools Education, west Bengal issued from time to time. All recruitments will be made in terms of Recruitment rules prescribed by the Director of School Education, West Bengal from time to time. " ( 4 ) HENCE, it appears from the said Rules that Chandernagore municipal Corporation had no right, jurisdiction and authority to take any steps in the matter of recruitment process of teaching and non-teaching staff as such was required to be followed following the Recruitment Rules prescribed by the Director of School Education, West Bengal. Once the said Corporation in their own Rule has incorporated such provisions, the said Corporation ceased to have any control so far as the recruitment process is concerned with reference to teaching and non-teaching staff of the municipal schools under their management. Once the said Corporation in their own Rule has incorporated such provisions, the said Corporation ceased to have any control so far as the recruitment process is concerned with reference to teaching and non-teaching staff of the municipal schools under their management. Accepting the said position, prior permission was sought form from the District Inspector of Schools (SE) Hooghly (hereinafter referred to as the concerned District Inspector of Schools for brevity) and the said District Inspector of Schools concerned accorded prior permission to fill up the vacancy in terms of the recruitment procedure issued by the Director of School Education, West Bengal under Memo No. 2066-G. A. dated 27th october, 1995 by directing that the interview to be held following the said rules from the candidates who would be sponsored from the Employment exchange only and the school management was allowed to fnvite the names from the concerned Employment Exchange. Before dealing with the issue about the mandatory provision of the said Recruitment Rules, the history of the said Rule and its framing are required to be considered first. The recruitment Rules issued by the Director of School Education, West Bengal under Memo No. 2066-G. A. dated 27th October, 1995 was an outcome of exercise of power conferred upon him under Clauses (i) and (ii) of sub-rule (1) and sub-clause (i) of sub-rule 4 of Rule 28 of the Rules of Management of the Recognized Non-Government Institution (Aided and Unaided) Rules, 1969 (hereinafter referred to as the Management Rules, 1969 ). The said Rule 28 reads to this effect :"28. The said Rule 28 reads to this effect :"28. Powers of Committee.- (1) In an aided institution the Committee shall, subject to the provisions of any Grant-in-aid Scheme or Pay revision Scheme or any order or direction or guidelines issued by the state Government or the Director in connection therewith and in force for the time being, have the power- (i) to appoint 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 other officer authorized by him, ordinarily within a fortnight from the date of the Committee; (ii) to appoint 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; (2 ). . . . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . . . . . . (4) In an unaided Institution the Committee shall, subject to the approval of the Board, have the power- (i) 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. " ( 5 ) THE Management Rules, 1969 is the rule framed and constituted by the Government being duly empowered under sub-section 1 and in particular by clause (d) of sub-section (2) of Section 45 of the West Bengal Board of secondary Education Act, 1963. The Management Rules, 1969 was the outcome of such power by the Governor of State of West Bengal. Sub-section (1) and Clause (d) of sub-section (1) and Clause (d) of sub-section (2) of section 45 of West Bengal Board of Secondary Education Act, 1963 reads thus :"power of State Government to make rules : (1) The State government may, after previous publication, make rules for carrying out the purposes of this Act. . . Sub-section (1) and Clause (d) of sub-section (1) and Clause (d) of sub-section (2) of section 45 of West Bengal Board of Secondary Education Act, 1963 reads thus :"power of State Government to make rules : (1) The State government may, after previous publication, make rules for carrying out the purposes of this Act. . . . . . . . . . . (d) the composition, powers and functions of Managing Committee of institutions. " ( 6 ) HENCE, having regard to the aforesaid Act, 1963 and the management Rules, 1969, it appears before this Court that the recruitment procedure issued by the Director of School Education, West Bengal became a statutory rule on exercise of power under the statute as vested. Nobody can appoint any teaching or non-teaching staff in a school, which is controlled by the recruitment procedure issued by the Director of School Education, West bengal without following the procedure as laid down thereto. The Recruitment rules, 1995 issued by the Director of School Education, West Bengal now to be dealt with to consider its effect. ( 7 ) THE relevant Rules of Director of School Education, West Bengal provides procedures for seeking prior permission to fill up the vacancy, the procedure that local Employment Exchange would sponsor the names for recruitment as well as the procedure putting an embargo that no outside candidate in terms of any paper advertisement would be allowed unless the employment Exchange expresses its inability to sponsor the candidates. The said procedure further provides that in the event the permission is accorded to advertise the post in the daily newspaper under the contingency of failure of the Employment Exchange to sponsor the names, only a limited number of candidates in terms of such advertisement would be called for interview by fixing the number ten only. It has been further provided that in the event, there are many number of candidates more than ten who applied on the basis of advertisement to bring the list with only ten candidates, a preliminary screening on the basis of their academic qualification to appear in the interview, would be made. The relevant provisions from the said Recruitment Rules are set out hereinbelow :"1 (A)-AII appointments of teaching and non-teaching staff including headmaster/headmastress/assistant Headmaster/assistant headmistress/superintendent shall be made with the prior permission of the District Inspector of Schools (SE) of the respective districts against sanctioned post. The relevant provisions from the said Recruitment Rules are set out hereinbelow :"1 (A)-AII appointments of teaching and non-teaching staff including headmaster/headmastress/assistant Headmaster/assistant headmistress/superintendent shall be made with the prior permission of the District Inspector of Schools (SE) of the respective districts against sanctioned post. 1 (b)-Prior permission shall not be necessary for appointments in vacancies of four months or less. 3 (a) When any vacancy, occurs, against any sanctioned post in any recognized and aided school the management of the school shall approach the D. I. S. (SE) for prior permission for taking steps for appointment with relevant papers. D. I. of Schools (SE) shall sponsor upto three eligible candidates from the death-in-harness category, if there are such names in the register, in order of seniority to be counted from the date of registration along with the prior permission. However, in case of a vacancy arising in a school where a deceased teacher/ non-teaching staff had been working prior to his/her death, the name of the eligible ward of that deceased teacher/non-teaching staff if his/ her educational qualification suits shall be sponsored by the D. I. of schools (SE) irrespective of seniority under the death-in-harness category. 3 (b)-The management of the school shall consider the candidature of the sponsored candidates from death-in-harness category within 30 days from the receipt of the prior permission as per procedure laid down below and prepare panel and forward the same to the D. I. of schools (SE) within 15 days of the date of interview. A one-man panel shall be prepared in case there is only one candidate appearing in the death-in-harness category. If there is no candidate in death-in-harness category, the D. I. S. (SE) shall permit the school to obtain names from the Employment Exchange. 3 (e)-ln the prior permission, the D. I. S. (SE) shall indicate the group/ subject to which the post/posts belong, scale of pay to be admitted, the specific academic, training/professional qualifications to be required and preferably for the particular post/posts in accordance with prevailing govt. Orders. For Recruitment to any teaching and non-teaching post other than the post of H. M. and A. H. M. specific academic qualification (i. e. not indicating any alternative) shall be mentioned by the D. I. S. (SE) in the prior permission. Orders. For Recruitment to any teaching and non-teaching post other than the post of H. M. and A. H. M. specific academic qualification (i. e. not indicating any alternative) shall be mentioned by the D. I. S. (SE) in the prior permission. 4 (a)-On receipt of the prior permission and subject to the provisions in Section 3 (b) hereof, the school authorities shall approach the local employment Exchange for sponsoring the names of the Employment exchange candidates upto Honours Graduate level and National employment Exchange for Post Graduate candidates, according to prior permission within 7 days. 4 (b)-Employment Exchange shall mention in the list, the qualification, date of birth, date of registration etc. of the candidates. Names, shall be sponsored within 45 days in case of general candidates and 60 days in case of S. C. , ST. candidates. If names are not sponsored within the time limit mentioned above, the school authorities may approach the D. I. S. (SE) who may take up the matter with the employment Exchange. In case of receipt of non-availability certificate from the Employment Exchange, the school may advertise under intimation to the D. I. S. In the advertisement, name and full address of the institution shall be mentioned irrespective of whether the vacancy is permanent or temporary. 5 (q)-AII the candidates sponsored by the Employment Exchange shall be called for interview. If the number of applications received through advertisement as permitted is more than 10, a preliminary screening may be made on the basis of marks obtained in different examinations in the norms prescribed below by a team consisting of the Secretary/administrator, head of the Institution and Teachers' representative in the Selection Committee. A record of receipt of names either through Employment Exchange or through advertisement should be preserved and will remain open for verification by the officers of the education Directorate/department. " ( 8 ) ON a bare perusal of the aforesaid Recruitment Rules of the director of School Education, West Bengal more particularly the Rule 4 clause (a) and (b) above referred to, it is crystal clear that the school authorities got the right only to approach the local Employment Exchange for sponsoring the names and only in the event of receipt of non-availability certificate of the candidates from the Employment Exchange, the School Authorities is empowered to advertise the post under intimation to the District Inspector of schools concerned. In the Rule under Rule 4 (a) word shall have been used which is in the mandatory nature directing the school authority only to invite the names from the Employment Exchange. The advertisement of the post in the newspaper is only possible in the event of fulfillment of the condition that the Employment Exchange failed to refer the names and non-availability certificate from such Exchange was issued. The aforesaid Rule further provides under Rule 5 (q) that in the event of any contingency of paper advertisement under Rule 4 (b), only ten candidates would be allowed after short listing the names from the candidates who would apply in response to the paper advertisement. Hence, from the aforesaid recruitment procedures, it appears that there was no scope to advertise the post in the daily newspaper as mandatory conditions of Rule 4 (b) aforesaid as quoted were not at all fulfilled. It appears from the respective affidavits that the Employment Exchange sponsored the names of 20 candidates as per the Rule 4 (a) aforesaid. Once the name from the Employment Exchange was sponsored and in absence of any non-availability certificate from the Employment Exchange there was no question of advertisement of post in the daily newspaper. But the concerned school authorities and the Corporation committing a total breach of the aforesaid provision of Rule 4 (a) and (b) invited names by paper advertisement. Furthermore, from the records it appears that all 48 candidates who were not eligible to appear, were allowed to appear in the interview even on breach of rule 5 (q), which provides that only ten candidates would be entitled to appear in terms of such advertisement after preparing the short list by screening the candidature of candidates on the basis of academic qualification. Once the rule 4 (a) was fulfilled, no further steps could be followed following the Rules 4 (b) and 5 (q) aforesaid. The Recruitment Rule issued by the Director of school Education, West Bengal being a Rule having statutory flavour framed in terms of a statute cannot be made nugatory. It is a settled law that even the Government exercising his executive power under Article 162 cannot issue any new mode of appointment contrary to the rule and procedure. Reliance may be placed to the judgment passed in the case B. N. Nagarajan and Ors. It is a settled law that even the Government exercising his executive power under Article 162 cannot issue any new mode of appointment contrary to the rule and procedure. Reliance may be placed to the judgment passed in the case B. N. Nagarajan and Ors. v. State of Karnataka, a judgment of three Judges Bench, reported in air 1979 SC 1676 . The relevant para 5 of the said report being profitable is quoted hereinbelow :"when a rule framed under Article 309 of the Constitution of India are in force no regularization is permissible in exercise of executive power of the Government under Article 162 thereof in contravention of the Rules. . . . . what could not be done due to three sets of rules as they stood, would thus be achieved by an executive fiat and such of course is not permissible because an act done in exercise of the executive power of the Government as already stated, cannot override the rules framed under Article 309 of the Constitution of India. " ( 9 ) THE aforesaid view has been followed very recently by the Apex court again (Coram of the Hon'ble Three Judges' of the Apex Court) in the case A. Umarani v. The Registrar Co-operative Society and Ors. , reported in (2004)7 SCC 112 . Having regard to such state of affairs since the recruitment procedures issued by the Director of School Education, Government of West bengal, was in force neither the Chandernagore Municipal Corporation nor the school authority got any jurisdiction to exercise their any other administrative power, though under statute no such power exists, to advertise the post opening a new channel of recruitment process contrary to the recruitment procedures of Director of School Education, West Bengal. Hence, the question no. 1 is answered against the petitioner. ( 10 ) SO far as the question No. 2, which interlinked with the aforesaid observation and finding, only this Court has to add the basic principle that no i statutory body is empowered to act in any manner and/or in any way until and unless such power is vested to them under a statute. The same is called as the doctrine "limitation of statutory power", which has been consistently followed by the English Courts as well as by the Courts of India. The same is called as the doctrine "limitation of statutory power", which has been consistently followed by the English Courts as well as by the Courts of India. Reliance may be placed to the judgment passed in the case Nasiruddin Bapari v. The Chairman, municipal Commission, Dacca Ltd. , reported in 1990 Cal WN 17. The judgment of the Apex Court passed in the case K. Ramadas Shenoy v. The Chief officers, Town Municipal Council, Udipi and Ors. , reported in (1974)2 SCC 506 , in the case M. C. v. Shri Niamatullah, reported in (1969)2 SCC 551 , in the case J. N. Ganatra v. Morvi Municipality, Morvi, reported in (1996)9 SCC 495 and the judgment passed in the case Bhavnagar University v. Palitana Sugar mill (P) Ltd. and Ors. , reported in (2003)2 SCC 111 . ( 11 ) ARTICLE 195 at page 334 of the Book of Earl. T. Crawford under title construction of Statutes, 1940 publication is profitable to be quoted herein, which reads thus :"exclusion (Expressio Unius Est Exclusio Alterius)-As a general rule, in the interpretation of statues the mention of one thing implies the exclusion of another thing, it therefore logically follows that if a statute enumerates the things upon which it is to operate, everything else must necessarily, and by implication, be excluded from its operation and effect. If the statute directs that certain acts shall be done in a specified manner, or any certain person, their performance in any other manner than that specified, or by any other person than one of those named, is impliedly prohibited. " ( 12 ) HAVING regard to the aforesaid settled law, the Chandernagore municipal Corporation being a statutory authority framed and constituted under the statute had no jurisdiction and power to issue any advertisement in the daily newspaper for selection of the Group 'd' staff in the Municipal Schools under their control as statute never provided them with any such power. Hence, the action of the Chandernagore Municipality advertising the post is squarely attracted the wrath of the doctrine "limitation of exercise of statutory power". The action is accordingly illegal and void ab-initio. Hence, the action of the Chandernagore Municipality advertising the post is squarely attracted the wrath of the doctrine "limitation of exercise of statutory power". The action is accordingly illegal and void ab-initio. ( 13 ) AS a resultant effect of the aforesaid findings and observations accordingly it is held that 48 candidates who appeared in the interview in response to the paper advertisement had no right to appear and their appearance itself was void ab-initio on total breach of the recruitment procedures issued by the Director of School Education, West Bengal. Hence, the petitioner got no legal right to pray for writ of mandamus commanding the respondent, the District Inspector of Schools concerned to accord approval of panel wherein his name as alleged was positioned as first candidate. Since his very appearance in the interview in response to paper advertisement was illegal and void ab-initio, henee, the action of the District Inspector of Schools concerned cannot be said as unjustified and illegal refusing to accord approval of the panel. Since the panel was prepared ate hors of statutory rule namely the recruitment rules issued by the Director of School Education, West Bengal in view of the illegality as committed by the Chandernagore Municipal corporation allowing 48 candidates non-sponsored, in addition to the candidates from Employment Exchange, the preparation of the panel itself is not legally sustainable. Hence, the panel is also set aside the quashed. The chandernagore Municipal Corporation and the school management now at liberty to proceed with the recruitment procedure de-novo to fill up the vacancy of the said Group "d' post following the present recruitment rule and/or the procedure issued by the Director of School Education, West Bengal being the rule issued under Memo No. 1736 (21) G. A. dated Calcutta 1st November, 1999. ( 14 ) BEFORE parting with the matter, it is clarified that the petitioner herein has not challenged the recruitment procedure issued by the Director of School Education, West Bengal, which is the main guiding rule as ultra vires assailing clause of total embargo of advertising the post in the daily newspaper, until and unless non-availability certificate is issued by the concerned Employment Exchange. In that view' the petitioner only on the strength of the recruitment rules itself cannot argue that the said rule would not be followed but there was possibility of advertising the post as per the apex Court judgment passed in Excise Superintendent (supra) as already referred to earlier. That judgment is not applicable in the present case. In that case, the Apex Court considered the issue whether under Employment exchange (Compulsory Notification of Vacancies) Act, 1959, there was an embargo to issue advertisement simultaneously in the newspaper along with the invitation of the names from the Employment Exchange. Here in this case, we are concerned with the different issue namely, when there was a total embargo regarding advertisement of the post in the daily newspaper until and unless non-availability certificate is issued by the Employment exchange whether the Chandernagore Municipal Corporation had any power and jurisdiction to issue such advertisement and thereby had the power to allow the candidates in terms of such advertisement to appear in the interview. The judgment Excise Superintendent (supra) accordingly is not a ratio decidendi to adjudicate upon the present case. It is a settled law that judgment is a binding precedent when the facts and points of law are identical and the point of law answered identically. Reliance may be placed to the judgment passed in the case Regional Manager v. Pawan Kumar Dube, reported in AIR 1976 SC 1766 , wherein the Apex Court held "it is the rule deducible from the application of law to the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between two cases, even when the same principles are applied to each case to similar facts". It is a settled law that even a slightest distinction in fact or additional fact may make a lot of difference in decision-making process. Reliance may be placed to the judgment passed in the case Krishna kumar v. Union of India, reported in (1990)4 SCC 204, Municipal Corporation of Delhi v. Gurnam Kaur, reported in (1998)1 SCC 101 . It is a settled law that even a slightest distinction in fact or additional fact may make a lot of difference in decision-making process. Reliance may be placed to the judgment passed in the case Krishna kumar v. Union of India, reported in (1990)4 SCC 204, Municipal Corporation of Delhi v. Gurnam Kaur, reported in (1998)1 SCC 101 . ( 15 ) HAVING regard to the aforesaid legal position, this Court is of the view that the factual matrix and the point of law as considered and decided in the Excise Superintendent (supra) case by the Apex Court is completely different than the case in hand now I have decided. ( 16 ) HAVING regard to such, accordingly the writ application stands dismissed with the order granting liberty to the Chandernagore Municipal corporation as well as the management of the school to proceed de novo with the recruitment process as already referred to within six months from this date and to complete the selection so that Group 'd' staff could be appointed in the school. ( 17 ) ALL interim orders earlier passed stand vacated.