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High Court Of Calcutta
M. M. Dutt, M. K. Mukherjee
AJIT SANYAL - Appellant
Versus
BASIRUDDIN MONDAL - Respondent
F.M.A.T. No. 1544 to 1546 of 1981
Decided On : 02/10/1982
WRIT PETITION - MAINTAINABILITY - JOINT WRIT PETITION - SEVERABILITY OF CLAIMS - DISMISSAL OF PETITION FOR DISENTITLEMENT OF ONE PETITIONER - CIRCULAR FOR ABSORPTION OF TEACHERS - VALIDITY - SUSPENSION - PANEL OF CANDIDATES - PREPARATION - MULTIPLE LISTS - SELECTION BY ADVISORY COMMITTEE - ELIGIBILITY OF CANDIDATES - APPOINTMENT IN DIFFERENT CIRCLES.
Fact of the Case:
The writ petitions challenged the validity of an order suspending a circular issued by the Director of Public Instructions regarding the absorption of teachers serving in deputation vacancies. The petitioners were primary teachers appointed in deputation vacancies and sought absorption in permanent posts based on the circular. The District School Board contended that the writ petition was not maintainable as some of the petitioners had already been appointed or included in a fresh panel, and that the circular was invalid and the panel prepared was not in accordance with the rules.
Finding of the Court:
1. The writ petition was maintainable despite the disentitlement of one petitioner, as the claims of the petitioners were severable and the petition could succeed for the remaining petitioners. 2. The circular issued by the Director of Public Instructions was valid and enforceable, and its suspension was not justified. 3. The panel of candidates prepared by the Director of Public Instructions was valid, even though it consisted of multiple lists, as there was no bar to treating all the lists as constituting one panel. 4. The District School Board could not challenge the validity of the panel prepared by the Director of Public Instructions in the absence of proof or allegation of malafide or bias. 5. The Advisory Committee's resolution limiting the total number of empanelled candidates did not mean that it did not select the candidates whose names were included in a separate list. 6. The court declined to decide the issue of whether candidates approved for appointment in one circle could be appointed in other circles.
Issues: 1. Whether a joint writ petition can be dismissed if one of the petitioners is disentitled to relief. 2. Whether the circular issued by the Director of Public Instructions regarding the absorption of teachers serving in deputation vacancies was valid and enforceable. 3. Whether the panel of candidates prepared by the Director of Public Instructions was valid, despite consisting of multiple lists. 4. Whether the District School Board could challenge the validity of the panel prepared by the Director of Public Instructions. 5. Whether the Advisory Committee's resolution limiting the total number of empanelled candidates meant that it did not select the candidates whose names were included in a separate list. 6. Whether candidates approved for appointment in one circle could be appointed in other circles.
Ratio Decidendi: 1. A joint writ petition may be maintainable even if one of the petitioners is disentitled to relief, provided that the claims of the petitioners are severable and the petition can succeed for the remaining petitioners. 2. A circular issued by the Director of Public Instructions regarding the absorption of teachers serving in deputation vacancies is valid and enforceable unless it is shown to be invalid or issued without authority. 3. A panel of candidates prepared by the Director of Public Instructions is valid, even if it consists of multiple lists, as long as there is no bar to treating all the lists as constituting one panel. 4. The District School Board cannot challenge the validity of a panel prepared by the Director of Public Instructions in the absence of proof or allegation of malafide or bias. 5. A resolution passed by the Advisory Committee limiting the total number of empanelled candidates does not necessarily mean that it did not select the candidates whose names were included in a separate list. 6. The court declined to decide the issue of whether candidates approved for appointment in one circle could be appointed in other circles.
Final Decision: The appeals were dismissed, and the writ petitions were allowed to the extent that the District School Board was directed to consider and absorb the petitioners in permanent vacancies in accordance with the impugned circular and the directions of the trial court.
( 1 ) IN these three appeals, the facts and most of the points involved are the same as in two other appeals being F. M. A. T. No. 1380 and F. M. A. T. No. 1499 of 1981, both of which were disposed of by this Court by the Judgment dated January 11, 1982. These appeals have been preferred by the District School Board of Nadia against the judgment of B. C. Roy, J. making absolute the Rules Nisi issued on the applications of the respondents-writ petitioners under Article 226 of the constitution.
( 2 ) THE respondents-writ petitioners are primary teachers. In 1972-73, a panel was prepared by the Director of Public Instructions, West Bengal. The respondents-writ petitioners were included in the said panel along with others pursuant to their applications for appointment to the posts of primary teachers under the District School Board, Nadia. They were appointed in deputation vacancies arising out of deputation of teachers of Primary Schools for undergoing training in the Junior Basic Training Institute. But they were no appointed in the permanent vacancies in the posts of primary teachers. It is not disputed that the respondents-writ petitioners had been working in deputation vacancies from time to time since 1973 or 1974. The Director of Public Instructions, West Bengal, by his memo. No. 6932 (67) dated December 19, 1974 issued the following circular :-"government of West Bengal. Education Directorate : Primary Branch. Memo no. 6923 (67)from: D. P. I. West Bengal. To : District Inspector of Schools (pry. Edn.)sub:- Instruction regarding Appointment of teachers serving in Deputation Vacancies. The undersigned has to inform him that approved empanelled candidates appointed in deputation vacancies by the Dist. School Board may be absorbed in permanent posts during their service or within one year of expiry of the deputation term even if the validity of the panel where their names occur expires or a fresh panel is prepared in the meantime. S. N. Das. For D. P. I. West Bengal. "
( 3 ) THE said circular dated December 19, 1974 was, from time to time. Suspended and such suspensions were also relaxed, but ultimately, by an order dated November 3,1978, the Government of West Bengal issued an order which has been impugned in the Writ petitions. The said order is set out below :-GOVERNMENT of West Bengal. Education Department. Primary Branch. No. 1771-Edn (P)9a-2/76 dated, Calcutta, the 3rd Nov. 78 from: Shri M. N. Sinha Roy deputy Secretary to the Govt. of West Bengal. To : The Director of Primary Education, West Bengal. Sub : Permanent absorption of Primary school teachers who worked in deputation vacancies. This undersigned is directed to refer to this Deptt. Memo. No. 1496 Edn (P) dated 30. 8. 78 on the above subject and to state that the matter has been reviewed by Govt and it has been decided that pending Government's full examination of the entire policy regarding ultimate absorption of deputation vacancy teachers on the mode and practice of such absorption, the final absorption of candidates who worked as primary teachers for one or more terms in deputation vacancies should be kept suspended until further orders. It is also requested that information wanted in para 2 of this department Memo No. 1653 Edn. (P) dated 7. 10. 78 may be furnished in order to examine the issue. Meanwhile this Deptt. G. O. No. 1496-Edn (P) dated 30. 8. 78 referred to above should be treated as cancelled. Sd/- M. N. Sinha Roy, deputy Secretary. "
( 4 ) BEFORE the impugned order dated November 3, 1978 was passed by the Government, another advertisement was published for preparation of a fresh panel of primary teachers. The impugned order of suspension of the circular dated December 9, 1974 of the Director of Public Instruction was permanent in nature, inasmuch as the Government had already taken steps for preparation of a fresh panel. It is not disputed that if the circular of the Director of Public Instructions had not been so susp
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