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2018 DIGILAW 987 (CAL)

Lee Memorial School v. State of West Bengal

2018-12-18

SHEKHAR B.SARAF

body2018
JUDGMENT : 1. This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated August 23, 2018 passed by the District Inspector of Schools (S.E.), Kolkata (hereinafter referred to as the 'D. I. of Schools'). The petitioner is also aggrieved by the fact that in spite of having completed the selection panel of the D. I. of Schools on April 5, 2018, there is no approval forthcoming from the D. I. of Schools. The facts of the case are as follows: (a) The petitioner was granted approval/ prior permission for appointment of Group-D staff in the year 2011. Subsequently, selection process was conducted by the writ petitioner but the same was struck down by the High Court as the writ petitioner 2 had not intimated the Employment Exchange with regard to the selection process. (b) Subsequently, after intimating the Employment Exchange on May 2, 2017, the writ petitioner completed the selection process and constituted the panel. (c) On April 5, 2018 the panel was sent for approval to the D. I. of Schools (S.E.), Kolkata along with the relevant documents. (d) Subsequently the D. I. of Schools has written to the writ petitioner seeking information as to whether the School authority informed the Employment Bank Portal or not for the sponsorship of the names of eligible candidates as per G. O. No.71-Emp. dated 25.03.2013. 2. I have heard learned counsel for both parties and perused the materials on record. 3. As a point of law is required to be adjudicated on the basis of the materials available, this matter is taken up for final hearing at this stage itself. 4. It is clear from the facts that the authorities are relying on the Government Order for stalling the process of approval of panel. However, they have lost sight of the 3 fact that the entire process of selection has been carried out by the writ petitioner as per the order dated February 13, 2014 passed by this Hon'ble Court in W.P. No. 3992 (W) of 2014. The petitioners have published advertisements in the newspapers and informed the Employment Officer by their letter dated May 2, 2017 of the selection process. The petitioners have published advertisements in the newspapers and informed the Employment Officer by their letter dated May 2, 2017 of the selection process. Furthermore, a letter was written by the Joint Director of Employment and Officer-in- Charge of the said Sub-Regional Employment Exchange addressed to the Director of Employment, Directorate of Employment, West Bengal with respect to the selection process of the writ petitioner that had sought for clarification of the matter from the Director. 5. The only issue that has to be decided in this writ petition is whether the writ petitioner is mandatorily required to register itself in the Employment Bank Portal or can carry out the selection process as per the direction of the High Court. It is to be noted that the order dated February 13, 2014 was passed subsequent to the Government Order dated March 25, 2013. As can be seen from the said order, the School Authority should carry out the selection process under reference and publish notice afresh in the light of the observations made in the 4 said order. The same was done, a notice was also given to the Employment Exchange and thereafter the selection was carried out and the panel was constituted. 6. In the event, the State authorities had an objection to the order passed on February 13, 2014, they could have gone into an appeal against the same but the same was not done. Accordingly, the order dated February 13, 2013 attained finality and was required to be followed in toto. In light of the above, it is clear that the insistence of the D. I. of Schools (S. E.), Kolkata to now follow the G. O. No.71-Emp. dated 25.03.2013 is without any basis and cannot be sustained. 7. Accordingly, the letter dated August 23, 2018 is set aside and the D. I. of Schools is directed to approve the panel sent by the writ petitioner within a period of two months from the date of communication of this order in accordance with law. 8. Let documents submitted by the learned counsel for the State be kept with the record.