The provisions of the School Service Commission Act, 1997 apply to the selection process for filling up vacancies in teaching posts in schools, even if the selection process had commenced prior to the coming into force of the Act.

( 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 further directed to hold a fresh interview.

( 4 ) ON or about 27. 11. 1997 upon hearing the petitioner, the District Inspector of Schools passed an order, directing that the said post would be filled up on the recommendation of the School Service Commission. On 18. 9. 98 the writ petition was filed and was dismissed by reason of the impugned order dated 18. 9. 98.

( 5 ) THE question which arises for consideration is as to whether section 9 of the School Service Commission Act (hereinafter referred to as the said Act) has any application in the instant case?

( 6 ) THE learned counsel appearing on behalf of the appellant has, inter alia, submitted that the selection process having started from the date of grant of prior permission, the Recruitment Rules framed by the Director of School Education shall hold the field. It was submitted that the District Inspector of Schools was bound to carry out the order of the court irrespective of coming into force of the said Act. The learned counsel contends that when an Act does not contain any specific provision for its retrospective operation, it shall be prospective in nature and, thus, the selection process would be governed by the existing rules. Reliance in this connection has been placed on A. A. Calton v. The Director of Education and Anr. Reported in AIR 1983 SC 1143, Y. V. Rangaih and Ors. v. J. Sreenivasa Rao and Others, reported in AIR 1983 SC 853, Sukhdarshan Singh etc. v. State of Rajasthan, reported in AIR 1990 SC 405, Basudeb Bag and Anr. v. Bhaskar Chandra Kar and Others. Reported in 1996 (1) CLJ 230 and two unreported decisions of this court in W. P. 4469 (W) of 1998 (Naresh Chandra Mondal v. D. I. of School (SE) disposed of on 7. 4. 98) and in W. P. No. 24509 (W) of 1997 (Kalpana Biswas v. State of West Bengal and Ors. deposed of 18. 12. 98 ).

( 7 ) IT was further submitted that the learned trial court erred in applying section 9 (2) of the said Act in the fact of this case inasmuch as the same ought to have been read down. The learned counsel contends that the effect of the relevant provision of the Recruitment Rules should have been considered while interpreting the provision of the said Act. It was also argued that as no panel was prepared, the writ petitioner-appellant ought to have been considered to be sole surviving candidate in the panel.

( 8 ) LEGISLATURE of the State of West Bengal enacted the West Bengal Board of Secondary Education Act, 1963 with a view to establish a Board of Secondary Education in the State of West Bengal, to define the powers and functions of such Board and to provide for certain other matters connected therewith.

( 9 ) SECTION 45 of the said Act empowers the State Government to make rules for carrying out the purpose of this Act including the composition, po