JUDGMENT : Re : C.A.N. 4156 of 2011 The school authority namely, the appellant-petitioner herein filed a writ petition before this court since the panels submitted by the said school authority for Group 'C' and 'D' posts were not approved by the District Inspector of Schools (SE) Paschim Medinipur. 2. Going through the records we find that the District Inspector of Schools (SE) Paschim Medinipur did not approve the panels submitted by the school authority namely, the appellant-petitioner herein since the said school authority did not proceed with the selection process and prepared the panels before the West Bengal School Service Commission (Amendment) Act, 2008 came into force i.e. before 1st January, 2009. 3. Undisputedly, the panels were prepared by the appellant-petitioner herein on 14th November, 2009 and 16th November, 2009 whereas the West Bengal School Service Commission (Amendment) Act, 2008 came into force w.e.f. 1st January, 2009. The aforesaid order of the District Inspector of Schools (SE), Paschim Medinipur dated 23rd April, 2010 refusing approval of the panels submitted by the appellant-petitioner herein is set out hereunder: "Government of West Bengal Office of the District Inspector of Schools (S.E.), Paschim Medinipur P.O. Midnapore, Dist. Paschim Medinipur Memo. No. 751-S Midnapore, the 23.4.10 From : The District Inspector of Schools (SE), Paschim Medinipur To : The Secretary, Mahisegeria A.M.A. High Madrasah, P.O. Golar, Dist. Paschim Medinipur Sub : Panel for the post of Group 'C' and Group 'D' staff prepared on the basis of prior permission issued vide this office Memo No. 879-S dated 27.5.2008 and No. 542-S dated 31.3.2008. On scrutiny of panel papers it appears that as per requisition submitted by the school authorities the concerned employment exchange sponsored names of candidates for the posts in due time. But the school authority did not proceed with the selection process and caused inordinate delay and prepared the panels on 14.11.2009 and 16.11.2009 respectively though the West Bengal School Service Commission Act (Amendment), 1997 came into effect from 14.1.2009. The reasons for delay in holding interview cannot be accepted since the concerned authorities were not informed in any way. So, the panels so submitted cannot be approved and the school authorities are requested to submit the vacancies to the West Bengal Madrasah School Service Commission immediately. Sd/- District Inspector of Schools (Secondary Education), Paschim Medinipur." 4. Mr. The reasons for delay in holding interview cannot be accepted since the concerned authorities were not informed in any way. So, the panels so submitted cannot be approved and the school authorities are requested to submit the vacancies to the West Bengal Madrasah School Service Commission immediately. Sd/- District Inspector of Schools (Secondary Education), Paschim Medinipur." 4. Mr. Ekramul Bari, learned Counsel representing the appellant-petitioner submits that the District Inspector of Schools (SE), Paschim Medinipur granted prior permission for appointment in Group 'C' and 'D' posts on 27th May, 2008 when the aforesaid West Bengal School Service Commission (Amendment) Act, 2008 did not come into operation. Mr. Bari further submits that there was delay on the part of the appellant-petitioner herein to prepare the panels and the same were prepared after the West Bengal School Service Commission (Amendment) Act, 2008 came into force. 5. Mr. Bari, assailing the impugned judgment and order under appeal passed by the learned Single Judge submits that the learned Single Judge erroneously recorded in the impugned judgment and order under appeal that the school authority namely, the appellant-petitioner herein issued an advertisement for the Group 'C' and 'D' posts without insisting upon the Employment Exchange for sponsoring the names of the suitable candidates. Mr. Bari also submits that the District Employment Exchange, Midnapore sponsored the names of the candidates by a written communication dated 25th June, 2008 and the aforesaid fact was specifically recorded by the District Inspector of Schools (SE), Paschim Medinipur in the impugned order dated 23rd April, 2010. 6. On examination of the aforesaid documents we also find that the concerned Employment Exchange sponsored the names of the candidates for the posts in question. 7. Mr. Bari, however, submits that the vacancies in question arose before the West Bengal School Service Commission (Amendment) Act, 2008 came into operation since the District Inspector of Schools (SE), Paschim Medinipur granted prior permission for filling up the aforesaid Group 'C' and 'D' posts in the concerned school by the Memo No. 879 dated 27th May, 2008 when the said West Bengal School Service Commission (Amendment) Act, 2008 did not come into force. 8. Mr. Bari relies on a decision of the Division Bench of this court in the case of Asoke Sawoo v. State of West Bengal & Ors. reported in 2012 (3) CLJ (Cal) 482 wherein this Court specifically held as hereunder: "51. 8. Mr. Bari relies on a decision of the Division Bench of this court in the case of Asoke Sawoo v. State of West Bengal & Ors. reported in 2012 (3) CLJ (Cal) 482 wherein this Court specifically held as hereunder: "51. *** *** ** Following the decisions of the Supreme Court mentioned hereinbefore we hold that the selection process should be initiated and completed under the Rules which were in force when the vacancy in question arose." (Emphasis Supplied) In the present case, undisputedly, the vacancy in the post of Clerk arose in the year 2007 and prior permission was granted by the District Inspector of Schools (SE), Paschim Medinipur under Memo dated 27th May, 2008 when the West Bengal School Service Commission (Amendment) Act, 2008 did not come into force since the said Amendment Act of 2008 came into effect on and from 1st January, 2009. Therefore, the District Inspector of Schools (SE), Paschim Medinipur had no scope to deny approval of the panels submitted by the school authority namely, the appellant-petitioner herein which were prepared on the basis of the prior permission granted by the said District Inspector of Schools on 27th May, 2008 following the Rules which were in force when the vacancy in question arose." (Emphasis Supplied) 9. The learned Single Judge, in our opinion, also committed an error by not appreciating the fact that the vacancy in question arose and prior permission was granted by the District Inspector of Schools (SE), Paschim Medinipur long before the West Bengal School Service Commission (Amendment) Act, 2008 came into force since the Amendment Act of 2008 came into force on 1st January, 2009. 10. We also find that in the impugned Memo dated 13th April, 2010, the District Inspector of Schools (SE), Paschim Medinipur erroneously mentioned that the West Bengal School Service Commission (Amendment) Act, 1997 came into effect from 14th January, 2009 while fact remains that the West Bengal School Service Commission (Amendment) Act was passed in the year 2008 and the same came into effect from 1st January, 2009. The learned Single Judge unfortunately did not notice the aforesaid errors committed by the District Inspector of Schools (SE), Paschim Medinipur while refusing approval of the panels submitted by the appellant herein. 11. The learned Single Judge unfortunately did not notice the aforesaid errors committed by the District Inspector of Schools (SE), Paschim Medinipur while refusing approval of the panels submitted by the appellant herein. 11. On examination of the available records and upon hearing the submissions of the learned Counsel of both the parties, we are satisfied that the vacancy in question not only arose before the West Bengal School Service Commission (Amendment) Act, 2008 came into force but also the selection process was initiated by the school authority namely, the appellant-petitioner herein under the Rules prevailing at the relevant time by approaching the District Inspector of Schools (SE), Paschim Medinipur for granting prior permission in order to fill up the vacant posts. 12. As a matter of fact, the prior permission was also granted by the District Inspector of Schools (SE), Paschim Medinipur for filling up the posts in question even before the West Bengal School Service Commission (Amendment) Act, 2008 came into force. 13. The school authority namely, the appellant-petitioner herein was therefore, justified in preparing the panels for filling up the post in question following the Rules which were in force when the vacancy in question arose i.e. the Rules prevailing prior to the West Bengal School Service Commission (Amendment) Act, 2008 came into force. The District Inspector of Schools (SE), Paschim Medinipur should not have refused approval of the panels submitted by the school authority on the ground that the said panels were prepared after the West Bengal School Service Commission (Amendment) Act, 2008 came into force without appreciating the fact that selection process was initiated and panels in question were prepared following the Rules which were in force when the vacancies in question arose. 14. For the aforementioned reasons, the impugned order dated 23rd April, 2010 issued by the District Inspector of Schools (SE), Paschim Medinipur refusing approval of the panels submitted by the school authority namely, the appellant-petitioner herein for the posts in question stands quashed. 15. 14. For the aforementioned reasons, the impugned order dated 23rd April, 2010 issued by the District Inspector of Schools (SE), Paschim Medinipur refusing approval of the panels submitted by the school authority namely, the appellant-petitioner herein for the posts in question stands quashed. 15. Furthermore, in view of the Division Bench judgment of this court in the case of Asoke Sawoo (Supra) the impugned judgment and order under appeal passed by the learned Single Judge also cannot be sustained since the selection process, in the instant case, was initiated by the school authority and panel was prepared for filling up the vacancy in question following the Rules which were in force when the vacancy in question arose. 16. We, therefore, set aside the impugned judgment and order under appeal passed by the learned Single Judge and direct the District Inspector of Schools (SE), Paschim Medinipur to accord necessary approval to the panels in question which were prepared by the school authority upon initiating the selection process after obtaining prior permission from the District Inspector of Schools (SE), Paschim Medinipur and following the Rules which were in force when the vacancy in question arose. 17. Since a considerable time has already passed, we direct the District Inspector of Schools (SE), Paschim Medinipur to approve the aforesaid panels already submitted by the school authority namely, the appellant-petitioner herein within three weeks from the date of communication of this order so that the formal appointment letter of the selected candidates can be issued by the concerned school authority within two weeks from the date of receiving the formal approval from the District Inspector of Schools concerned. 18. With the aforesaid observations and directions, we dispose of both the application as well as the appeal upon treating the said appeal as on day's list. 19. In the facts of the present case, there will be no order as to costs.