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1999 Supreme(Cal) 541

S.B.SINHA, MAHEMMAD HABEEB SHAMS ANSARI
BADAL CHANDRA JANA – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS (SE) MIDNAPORE – Respondent


Advocates Appeared:
ASOKE DEY, DILIP K.PATTANAYAK, MANORANJAN JANA, SHAMPA SARKAR, SUMIT KUMAR PANJA

S. B. SINHA, J.

( 1 ) THIS appeal is directed against the order dated 22. 4. 99 passed by a learned single Judge of this Court whereby and whereunder the writ application filed by the appellants herein was disposed of with the following direction:"here the case lies that the Secretary did not participate in interview as a result whereof the writ petition fails. There will be no order as to costs. However, the District Inspector of Schools (SE) Midnapore will consider the panel in accordance with law and will give a decision in this respect within four weeks from the date of communication of this order, if necessary, by giving an opportunity of hearing to the parties including the petitioners and by passing a reasoned order thereof. "

( 2 ) THE State of West Bengal enacted West Bengal Secondary Education Act, 1963. Pursuant to or in furtherance of the Power conferred upon it in terms of section 45 of the said Act, the State also framed under the Act the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969. Clauses (i) and (ii) of sub-rule (1) of Rule 28 and Clause (1) of sub-rule (4) of the said Rules reads thus: (I)to appoint in accordance with














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