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2004 Supreme(Cal) 737

High Court Of Calcutta
Pratap Kumar Ray
CHANDI PRASAD MANDAL - Appellant
Versus
STATE OF WEST BENGAL - Respondent
W. P.  14044  Of  2000
Decided On : 11/25/2004

Advocates Appeared:
AMITABRATA ROY, ANIRUDDHA CHATTERJEE, KAJAL ROY, MONI BHUSAN SARKAR, SUNITI SEN GUPTA

A statutory body can only exercise powers that are specifically granted to it by statute, and any action taken beyond those powers is illegal and void ab-initio.

Headnote:

RECRUITMENT PROCEDURE - CHANDERNAGORE MUNICIPALITY - EMPLOYMENT EXCHANGE (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 - WEST BENGAL BOARD OF SECONDARY EDUCATION ACT, 1963 - RULES OF MANAGEMENT OF RECOGNIZED NON-GOVERNMENT INSTITUTION (AIDED AND UNAIDED) RULES, 1969 - CHANDERNAGORE MUNICIPAL CORPORATION (EDUCATION COMMITTEE) RULES, 1995 - DIRECTOR OF SCHOOL EDUCATION, WEST BENGAL RECRUITMENT RULES, 1995 - The Chandernagore Municipal Corporation's action in advertising a Group 'D' post in the daily newspaper was illegal and void ab-initio as it violated the recruitment procedures issued by the Director of School Education, West Bengal, which mandated that the names of candidates be obtained from the Employment Exchange and that newspaper advertisements could only be placed if the Exchange certified that no eligible candidates were available.

Fact of the Case:

The petitioner, a candidate who appeared for the Group 'D' post in a secondary school managed by the Chandernagore Municipality, challenged the non-approval of the selection panel by the District Inspector of Schools on the ground that the recruitment process was not completed in accordance with the prescribed rules.

Finding of the Court:

The Court held that the Chandernagore Municipal Corporation had no jurisdiction to advertise the post in the daily newspaper as the Recruitment Rules issued by the Director of School Education, West Bengal, specifically prohibited such advertisements unless the Employment Exchange certified that no eligible candidates were available.

Issues: 1. Whether the Chandernagore Municipal Corporation had the jurisdiction to advertise the Group 'D' post in the daily newspaper when the Recruitment Rules issued by the Director of School Education, West Bengal, mandated that the names of candidates be obtained from the Employment Exchange. 2. Whether the panel prepared by the school management was valid despite being prepared in violation of the Recruitment Rules.

Ratio Decidendi: The Court relied on the principle of "limitation of statutory power," which holds that a statutory body can only exercise powers that are specifically granted to it by statute. In this case, the Chandernagore Municipal Corporation did not have the statutory authority to advertise the post in the newspaper, and its action in doing so was therefore illegal.

Final Decision: The Court set aside the panel prepared by the school management and directed the Chandernagore Municipal Corporation and the school management to initiate the recruitment process de novo in accordance with the Recruitment Rules issued by the Director of School Education, West Bengal.

PRATAP KUMAR RAY, J.


( 1 ) HEARD the learned Advocates appearing for the parties.

( 2 ) IN the instant case, it is the grievance of the petitioner, who was a candidate appeared in the interview for Group 'd' post in the secondary school, managed and controlled by the Chandernagore Municipality on the point that desire completion of process of selection the panel has not been approved by the District Inspector of Schools concerned. The petitioner prayed for writ of mandamus commanding the District Inspector of Schools concerned to approve the panel. This writ application has been opposed by the State respondents by filling an affidavit through the District Inspector of Schools concerned, contending, inter alia, that under the Recruitment Rules issued by the Director of School Education, West Bengal vide Memo No. 2066-G. A. dated 27th October, 1995 which has applicability with reference to all appointments of teaching and non-teaching staff of the school managed and controlled by the Chandernagore Municipality in view of their Rules namely, chandernagore Municipal Corporation (Education Committee) Rules, 1995, the Chandernagore Municipality has no jurisdiction and power to advertise the post in the daily Newspaper as under the prior permission accorded to fill up the vacancy of the Group 'd' staff in the concerned school, only sponsored candidates of the Employment Exchange were eligible to appear. It has been further contended that though the Employment Exchange referred the names of 20 candidates, Chandernagore Municipality inviting application through paper advertisement allowed other 48 candidates in such selection test and thereby out of 68 candidates a panel was prepared and for that reason panel was not approved as it was done on total breach of the recruitment Rules dated 27th October, 1995 issued by the Director of School education, West Bengal. Chandernagore Municipality, however, has supported the case of the petitioner by contending, inter alia, that the Supreme Court since observed in the case Excise Superintendent Malkapatnam, Krishna district A. P. v. K. B. N. Visweshwara Rao and Ors. , reported in (1996)6 SCC 216 that under the Employment Exchange (Compulsory Notification of Vacancies) act, 1959 since there was no restriction for paper advertisement inviting names of the candidates from another source than the Employment Exchange, the decision of the Chandernagore Municipality was legal and justified to allow the 48 candidates who applied in terms of the paper advertisement. Having regard to the rival contention of the parties, very short questions are involved in this case as to whether there was any breach of the Recruitment rules dated 27th October, 1995 issued by the Director of School Education, west Bengal and also whether the Chandernagore Municipality got the jurisdiction to advertise the post in the daily newspaper when there is a total embargo in the Recruitment rules issued by the Director of School Education, west Bengal to this effect that until and unless the Employment Exchange refuses to refer the name of any candidate, no newspaper advertisement inviting names of the candidates could be made, those are the points for adjudication herein. Admitted facts in this writ application are to this effect. There was a vacancy of Group 'd' post in a secondary school maintained and managed by the Chandernagore Municipal Corporation. It is an admitted position also that the Chandernagore Municipal Corporation (Education committee) Rules, 1995 adopted the recruitment procedure of teaching and non-teaching staff as issued by the Director of School Education, West Bengal in exercise of his power in terms of the Rule 28 of the Rules of Management of Recognized Non-Government Institution (Aided and Unaided) Rules, 1969 (hereinafter for brevity referred to Management Rules, 1969 ). It is also an admitted position that such power under Rule 28 authorizing the Director of school Education, West Bengal to frame neces
















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