The provisions of the West Bengal School Service Commission Act, 1997 and rules framed thereunder have no retrospective effect and therefore, the process of selection, if initiated prior to coming into force of the West Bengal School Service Commission Act, 1997 and rules framed thereunder, then the said selection process cannot be affected by the provisions of the said Act and rules framed thereunder.

( 1 ) THIS appeal is directed against the order passed by the learned Single Judge of this Court whereby and whereunder the said learned Single Judge directed the Managing Committee of the concerned school to forthwith approach the West Bengal School Service Commission for filling up the post of Headmaster without allowing the said Managing committee to fill up the said post under the provisions of the previous recruitment Rules which were in vogue before coming into force of the School service Commission Act, 1997 and rules framed thereunder.

( 2 ) IT appears from the available records that after the retirement of the then head of the institution, post of headmaster of the Dayerbazar Vidyamandir in the district of Nadia fell vacant since 1st of December, 1993. The District inspector of Schools, (SE), Nadia by the Memo bearing No. 642/gen/se dated 25th May, 1994 accorded prior permission for filling up the said vacant post of headmaster in the concerned school.

( 3 ) ON receipt of the aforesaid prior permission dated 25th May, 1994, the school authority made a requisition to the local Employment Exchange for sponsoring the names of the eligible candidates in order to fill up the said vacant post of headmaster and the concerned Employment Exchange sponsored the names of 18 eligible candidates in response to the said request. The said school authority also issued an advertisement in the daily newspaper inviting applications from eligible candidates and as a matter of fact, 11 eligible candidates including the existing Assistant Teachers of the said school with 10 years teaching experience submitted applications in response to the said advertisement. The school authority thereafter constituted a Selection committee as per the Recruitment Rules prevailing at the point of time and issued interview letters to all the 29 candidates directing them to appear before the Selection Committee on 25th September, 1995.

( 4 ) ON 22nd September, 1995 a title suit was filed before the learned 3rd Munsif, krishnanagar, Nadia, being Title Suit No. 142 of 1995 and an application for temporary injunction was also filed in connection with the said title suit. The learned 3rd Munsif, Krishnanagar while considering the aforesaid application for temporary injunction passed an order restraining the Managing Committee from holding interview which was scheduled to be held on 25th September, 1995. However, subsequently, on 1st June, 1998, the said learned Civil Judge, Junior division, 3rd Court, Krishnanagar, Nadia upon considering the petition filed on behalf of the plaintiff/petitioner allowed withdrawal of the aforesaid title suit.

( 5 ) IN view of the withdrawal of the said title suit being T. S. No. 142 of 1995, the school authority in order to complete the remaining stage of the pending selection process for recruitment of the headmaster issued interview letters to all the aforesaid 29 eligible candidates and instructed them to appear before the Selection Committee for interview on 16th September, 1999. At this juncture the District Inspector of Schools, (SE), Nadia by the Memo bearing no. 916/1 (1)/gen/se dated 8th September, 1999 directed the school authority to stop holding of the interview as scheduled on 16th September, 1999 for the post of headmaster.

( 6 ) CHALLENGING the aforesaid decision of the District Inspector of Schools, (SE), Nadia dated 8th September, 1999, one of the candidates for the said post of headmaster moved a writ petition before this Hon'ble Court which was numbered as W. P. No. 1776 (W) of 1999 and a learned Single Judge while entertaining the said writ petition passed an interim order restraining the respondents from giving any effect or further effect to the said Memo bearing no. 916/1 (1)/gen/se dated 8th September, 1999 issued by the then District inspector of Schools, (SE), Nadia. Immediately after issuance of the aforesaid interim order passed by this Hon'ble Court, the school auth