( 1 ) THE question which arises for consideration in this appeal is the interpretation of the provision of section 9 of the School Service Commission Act, 1997 (West Bengal Act No. IV of 1997 ).

( 2 ) THE fact of the matter lies in a very narrow compass. The post of a teacher of English fell vacant in Baribhanga Bamacharan Vidyapith (hereinafter referred to as 'the said school' ). The Managing Committee of the said school adopted a resolution for filling up the post; wherefor a requisition was sent to District Inspector of Schools (S. E), South 24 Parganas, the prior permission wherefor was granted on 9. 12. 1996.

( 3 ) ON 17. 3. 97 interview was held and 19 candidates appeared at the interview. No panel was prepared whereafter; a writ petition was field by the respondent No. 11, which was marked as W. P. No. 18927 (W) of 1997. By an order dated 29. 9. 97, a learned Judge of this court directed the District Inspector of Schools to consider the case of the petitioner within eight weeks from the date of communication of the order and the school authority was restrained from holding any interview for filling up the said post. The Managing Committee of the school was