The appointment of a teacher as Principal, without following the procedure laid down in the relevant statutes, is illegal and void. The courts do not have the jurisdiction to regularise the services of a teacher contrary to the mandatory provisions of the relevant statute.

( 1 ) THIS appeal is directed against a Judgment and order dated 29th June, 1998 passed by a learned single Judge of this Court in W. P. No. 20256 (W) of 1997 whereby and whereunder the writ application filed by the respondent herein was allowed and directions were issued to regularise the services of the writ petitioner in the post of Principal with consequential benefits.

( 2 ) THE writ petitioner-respondent has filed the aforementioned writ application, inter alia, on the ground that he had been appointed in the permanent vacancy in the post of Principal in Sri Ram Krishna Sarada Vidya Mahapith with effect from 14-5-83. As in the said Colloge he has been serving as 'teacher-in-Charge' for about 14 years, his services should be regularised and confirmed with effect from the date of appointment.

( 3 ) THE fact that the writ petitioner was appointed as a "teacher" in the said College is not in dispute. It is also not in dispute that he was merely appointed as a 'teacher-in-Charge' and not as a Principal. It is further not in dispute that the post of Principal has to be filled up in terms of provision of the College Service Commission Act as also the Statute framed under the Calcutta University Act and no such procedure had been followed in the case of the writ petitioner.

( 4 ) MR. Sumit Panja, the learned counsel appearing on behalf of the appellant has raised various contentions in this appeal. The learned counsel firstly submitted that the writ petitioner is guilty of supression of fact. He has further submitted that the writ petitioner is also guilty of filing P. hd. Degree from a fake University. In any event, contends the learned counsel that only by reason of continuous service the petitioner could not have been directed to be absorbed. In support of the said contention reliance has been placed on Smt. Debirani Bhattacharjee and Anr. v. District Inspector of Schools (S. E.), Burdwan and Ors. reported in 1996 (2) CHN 415, Managing Committee, Dinhata High School v. Sri Ram Chandra Saha and Ors. , reported in 1997 (1) CHN 105, Director of Public Instructions of W. B. and Ors. v. Dr. Ashish Pal and Ors. , reported in 1998 (2) CHN 241 and Dr. Meera Massey v. Dr. S. R. Mehrotra, reported in 1998 (3) SCC 88. It was further submitted that in the fact of the matter no writ of Mandamus could be issued. Strong reliance in this connection has been placed on Life Insurance Corporation of India v. Asha Ramchandra Ambekar, reported in 1994 (2) SCC 718 = AIR 1994 SC 2148, J. K. Public Service Commissiion and Ors. v. Dr. Narinder Mohan and Ors. , reported in 1994 (2) SCC 630 = AIR 1994 SC 1808 and State of U. P. and Ors. v. Harish Chandra and Ors. , reported in AIR 1996 SC 2173.

( 5 ) MR. Bikash Ranjan Bhattacharjee, the learned counsel appearing on behalf of the respondent, on the other hand, submitted that the case of the writ petitioner is governed by the West Bengal College Teachers (Security of Service) Act, 1975 (hereinafter referred to as 1975 Act ). The learned counsel contends that the provision of section 7 of the College Service Commission Act, 1978, keeping in view the definition of 'principal' as contained in 1975 Act shall not stand as a bar.

( 6 ) THE appellant herein did not file any affidavit-in-opposition, before the learned trial Judge. In this situation, it is difficult for us to look into any documents which had been filed for the first time before this court.

( 7 ) HOWEVER, in our opinion, the appeal can be disposed of on a question of law. It is an admitted fact that the writ petitioner in the petition has not contended that he was appointed upon following the procedures laid down under the statues.

( 8 ) THE only question which, therefore, arises for consideration is as to whether the impugned judgment in such a situation could have been passed.

( 9 ) THE legislature of the State of West Bengal enacted the West Bengal College Teachers (Security of Service) Act. 1975 for the security of ser