Judgment : By office memorandum dated December 2, 2008, the Director of Madrasah Education, West Bengal sanctioned in favour of Union Junior High Madrasah (Unit II) (hereafter the madrasah) 9 (nine) regular posts of teaching staff and 2 (two) regular posts of non-teaching staff (Clerk & Group D). The authority of the madrasah was directed to move the West Bengal Madrasah Service Commission (hereafter the Commission) through the concerned District Inspector of Schools/ Minority Officer of the district with necessary papers for prior permission to fill up the said posts. In this petition dated August 17, 2010, the petitioner seeks an order on the District Inspector of Schools (S.E.) Hooghly to grant prior permission to the authority of the madrasah for filling up the said posts of non-teaching staff. It is claimed in the petition that since the posts were sanctioned in December, 2008 and the Commission was empowered to select candidates for filling up posts of non-teaching staff in madrasahs w.e.f. 13th March, 2009, the task of selection should be entrusted with the madrasah authority. I have dealt with similar issue while dismissing a batch of petitions by my judgment and order dated 10th November, 2010 in W.P. No 16383(W) of 2010 (Asoke Sawoo v. State of West Bengal & ors.). Although the said judgment and order dated 10th November, 2010 involved the West Bengal School Service Commission (Amendment) Act, 2008 and the recruitment rules framed under the West Bengal School Service Commission Act, 1997, as amended, and not the West Bengal Madrasah Service Commission Act, 2008 (hereafter the Act), the same principles would apply. As on date this Court received the instant writ petition, there was no existence of any legal right of the petitioner to seek an order from the Court to direct the District Inspector to allow it to conduct the selection process. The will of the people that the Commission should select teaching and non-teaching staff of madrasahs has been expressed by amending the Act, the notification wherefor was published in the Kolkata Gazette on February 10, 2009. The statutory mandate that with effect from the appointed date the Commission shall select candidates has to be respected. It is noteworthy that the Commission invited applications from interested candidates to participate in the 1st State Level Selection Test (NT) 2010 on March 27, 2010. The statutory mandate that with effect from the appointed date the Commission shall select candidates has to be respected. It is noteworthy that the Commission invited applications from interested candidates to participate in the 1st State Level Selection Test (NT) 2010 on March 27, 2010. The Commission already having initiated action to select suitable candidates for appointment to non-teaching posts in madrasahs by giving effect to the statutory mandate and most importantly, the selection process in the present case having not commenced, the contention of the petitioner that the rules which were prevalent on the date the posts of non-teaching staff were sanctioned must regulate the process of selection is unacceptable. The writ petition is devoid of merit. The same stands dismissed, without order for costs. Urgent photostat certified copy of this judgment and order, if applied for, shall be given to the applicant as early as possible.