The Public Service Commission does not have the jurisdiction or authority to interview teachers of aided schools for testing their suitability.

( 1 ) THIS is an application under Article 226 of the Constitution. The petitioner is a school teacher. She is a Master of Arts, or the University of Calcutta. She joined the Binapani Girls' High School as an Assistant Teacher on 21-1-1947. She was appointed to that post by the Managing Committee of the School. The School is not a Government school but a government aided school.

( 2 ) SHE first served a probationary period of six months and then was confirmed as an Assistant Teacher in that school with effect from 1-10-1947. She then passed the Bachelor of Training Examination in 1955 and took the B. T. degree. When she joined the school, the school was governed by a School Code. Since 1950 the West Bengal Secondary Education Act came into force and the administration, control and supervision of the high schools vested in the Board of Secondary Education of the State.

( 3 ) BY the regulations flamed under the West Bengal Secondary Education Act, 1950 appointment of persons as teachers made by the Managing Committee must have the approval of the Board of Secondary Education, The Board of Secondary Education is therefore the statutory authority to approve appointments of teachers made by the Managing Committee of the School. The Executive Council constituted under the West Bengal Secondary Education Act, 1950 has the power to take such disciplinary action as it thinks fit against high school teachers and students of such schools.

( 4 ) THE petitioner was served with a copy of the letter addressed by the Assistant Secretary, Public Service Commission to the Head Mistress, Binapani Girls' School. The letter is dated 28-11-1957. The letter reads as follows:"madam, i am directed to address you on the subject 'vitting the suitability of Graduate teachers of aided schools' and to state that the Commission desires to interview 14 teachers of your school as noted in the time table enclosed. The teachers may accordingly be instructed to appear for an interview at their own expenses before the Interview Board with all original certificates at 11a, Free School Street Calcutta. The enclosed forms duly filled in and signed by the teachers in duplicate should be returned so as to reach this office not later than 5-12-1957. "

( 5 ) IT is the petitioner's case that she has been directed by the Head Mistress in terms of that letter to appear before the Public Service Commission. The petitioner objects to this order to appear for interview before the Interview Board directed by and at the instance of the Public Service Commission, West Bengal. She says that she has an approved record of service for nearabout a decade and there is no question of testing her suitability after such a length of service. She contends that the Public Service Commission has no authority under any law passed by the State Legislature to exercise any function over institutions like the aided educational institutions and the said Commission, in seeking to interview teachers of such aided Schools for testing their suitability, is extending its jurisdiction and function which it does not possess in law. The petitioner says that she has an assured career of service which is threatened to be affected by the direction contained in the said letter By letter dated 2-12-1957, the petitioner demanded justice by calling upon the respondents to cancel and withdraw the order for interview. On 3-12-1957 a reply was sent to the petitioner's demand of justice, to which I shall refer later in this judgment.

( 6 ) THE main grounds of objection to this interview may be, briefly, summarised. It is said that the Public Service Commission has not been authorised by any provision of the Constitution or by any Act made by Parliament or by the State Legislature to exercise functions over aided schools. Therefore, the Public Service Commission has no jurisdiction or authority to interview teachers of aided schools for testing their suitability. Secondly, it is said that the