JUDGMENT

Rajendra Babu, CJI.-Role of State in the appointment of a teacher at a State aided educational institution is the matter for settlement here.

2. Facts that lead to the present case are as follows.

The State of West Bengal passed the West Bengal College Teachers (Security of Service) Act, 1975 (the Security of Service Act) and West Bengal College Service Commission Act, 1978 (the College Service Commission Act). Latter mainly provides for the constitution of a College Service Commission in West Bengal. Vide section 7 of the College Service Commission Act, the Commission is vested with the duty to select persons for appointment to the post of teachers of a college. By virtue of which, the power of appointment of a teacher in a college or institution affiliated to a University in West Bengal became vested in the Government appointed College Service Commission. Pursuant to the College Service Commission Act, the West Bengal College Service Commission (Manner of Selection of Persons for Appointment to the posts of Teachers including Principals) Regulations, 1980 was also made. Appointments of teachers were made under this scheme thereafter.

3. Brahmo Samaj Education Society/ Petit