The appointment of a teacher beyond the sanctioned strength of teachers is illegal and cannot be regularized by Government circulars or instructions.

( 1 ) BY this writ application, the writ petitioner, claiming to be an organiser teacher, has prayed for setting aside the order dated January 29, 2002 passed by the Director of School Education and has further prayed for direction upon the respondents to grant order of approval to the appointment of the petitioner, as such organiser teacher.

( 2 ) THE case made out by the petitioner may be summarized thus:"a) Thiba Anchal Junior High School (hereinafter referred to as 'the school')was initially recognized as a IV Class Junior High School by the West bengal Board of Secondary Education w. e. f. 1. 5. 1991. b) The Managing Committee and other interested persons of the locality decided to open Class IX and X in the school as there was no other high school in the said locality. c) The petitioner was appointed as Assistant Teacher in Physical Education to teach the students by a resolution dated 9th July, 1993 and that the petitioner had sufficient qualification for being appointed as Assistant teacher. d) The petitioner had been discharging his duties by teaching the students since his appointment and ultimately the school was upgraded to Class x High School by the West Bengal Board of Secondary Education w. e. f. May, 1998. e) When the school became upgraded to Class X High School by order dated july 27,1998, the appointment of the petitioner and other teaching and non-teaching staff were not approved by the concerned authority although they were working in the school since 1993. f) In the past, the petitioner along with other teaching and non-teaching staff filed a writ application being W. P. No. 22882 (w) of 1998 before this Court and Amitava Lala, J. while entertaining such writ application directed the respondent to hold an enquiry and to submit a report before this Court. On the basis of such order, an inspection was held on January 29, 1999 when the petitioner along with other organizing teaching and non-teaching staff were present. g) On January 29, 1999 although inspection was held but no notice was served upon the petitioner either from the District Inspector of Schools or from School Authority but nevertheless all the organizing teachers including the petitioner were present at the time of inspection. The inspection team did not ask anything from the petitioner. At that time teacher-in-charge of the school was not present and in his absence an assistant Teacher viz. Bijoy Kumar Mondal was in-charge of the school. The said Assistant Teacher was compelled to write down the names of only approved teachers as desired by District Inspector of Schools by excluding the names of the organiser teachers. h) Ultimately, the said writ application came up for final hearing on March 15,2001 before D. P. Kundu, J. and His Lordship after hearing the parties was pleased to dispose of the said writ application directing the Director of School Education to treat the copy of the writ application as the representation of the petitioners therein and to consider and dispose of the same by a reasoned order. i) Pursuant to such order, the Director of School Education by the order impugned herein has turned down the prayer of the organiser teachers including that of the petitioner for being absorbed. "

( 3 ) BEING dissatisfied, the petitioner has come up with the instant writ application.

( 4 ) THIS application is opposed by the respondents by filing different sets of affidavits-in-opposition. A preliminary objection has been taken by the respondents as to the maintainability of the writ application on the ground that other alleged organiser teachers challenged the aforesaid order passed by the Director of School Education by filing a separate writ application but. the same was dismissed and on an appeal preferred by those persons, a Division bench of this Court has dismissed such appeal affirming the order of the learned trial Judge. According to the respondents, a Division Bench of this Court having already affirm