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High Court of Judicature at Calcutta
PRANAB KUMAR CHATTOPADHYAY & TAPAN MUKHERJEE
Subrata Patra
Versus
District Inspector of Schools (S.E.), Midnapore
F.M.A. Appeal No. 2718 of 2007
Decided On : 26-08-2008
HEADMASTER SELECTION - IRREGULARITIES - WEST BENGAL SCHOOL SERVICE COMMISSION ACT, 1997 - SCHOOL AUTHORITIES - SELECTION COMMITTEE - ROLE AND POWERS - COURT'S JURISDICTION - JUDICIAL REVIEW: 1. The school authorities and the Selection Committee acted illegally and in violation of the court's specific order in failing to prepare a panel of suitable candidates for the post of Headmaster based on the interview held on April 28, 2000. 2. The West Bengal Regional School Service Commission's recommendation for the post of Headmaster is invalid because the school authorities wrongfully reported the vacancy to the Commission, bypassing the court's order and the prevailing selection process. 3. The court has the authority to review the recommendation made by the Regional School Service Commission and quash the appointment of the Headmaster made pursuant to that recommendation. 4. The selection process for filling the vacant post of Headmaster must be conducted in accordance with the rules in effect before the West Bengal School Service Commission Act, 1997 came into force, as the vacancy existed prior to 1997 and the selection process had commenced before the Act's enactment.
Fact of the Case:
The appellant, a candidate for the post of Headmaster at Ghatal Vidyasagar High School, challenged the selection process and the appointment of the respondent as Headmaster, alleging irregularities and violations of court orders. The initial interview process was canceled multiple times due to objections and legal challenges. A subsequent interview held on April 28, 2000, resulted in the Selection Committee declaring that none of the candidates were suitable for the post. The school authorities, instead of preparing a panel of suitable candidates as directed by the court, reported the vacancy to the West Bengal Regional School Service Commission, which recommended the respondent for the post. The appellant filed a writ petition challenging the appointment, which was dismissed by a single judge. The appellant's subsequent review application was also dismissed.
Finding of the Court:
The court found that the Selection Committee acted illegally and in violation of the court's specific order by not preparing a panel of suitable candidates based on the April 28, 2000 interview. The court also found that the school authorities' reporting of the vacancy to the Regional School Service Commission was improper and that the Commission's recommendation was invalid as it bypassed the court's order and the prevailing selection process. The court held that it had the authority to review the Commission's recommendation and quash the appointment of the Headmaster made pursuant to that recommendation. The court further directed that the selection process for filling the vacant post of Headmaster must be conducted in accordance with the rules in effect before the West Bengal School Service Commission Act, 1997 came into force.
Issues: 1. Whether the Selection Committee acted illegally and in violation of the court's specific order by not preparing a panel of suitable candidates based on the April 28, 2000 interview? 2. Whether the school authorities' reporting of the vacancy to the West Bengal Regional School Service Commission was improper and whether the Commission's recommendation was invalid? 3. Whether the court has the authority to review the Commission's recommendation and quash the appointment of the Headmaster made pursuant to that recommendation? 4. How should the selection process for filling the vacant post of Headmaster be conducted?
Ratio Decidendi: 1. The Selection Committee's failure to prepare a panel of suitable candidates based on the April 28, 2000 interview was illegal and in violation of the court's specific order, as the court had directed the school authorities to make fresh appointments by considering all eligible candidates, including the appellant. 2. The school authorities' reporting of the vacancy to the Regional School Service Commission was improper because the court had specifically directed the school authorities to make the appointment in accordance with the prevailing rules, which did not involve the Commission. 3. The Commission's recommendation was invalid because it was made without considering the court's order and the prevailing selection process, and because the vacancy had been wrongfully reported to the Commission by the school authorities. 4. The selection process for filling the vacant post of Headmaster must be conducted in accordance with the rules in effect before the West Bengal School Service Commission Act, 1997 came into force, as the vacancy existed prior to 1997 and the selection process had commenced before the Act's enactment.
Final Decision: The court allowed the appeal, set aside the judgment and order of the single judge dismissing the writ petition and the subsequent order dismissing the review application, and quashed the appointment of the respondent as Headmaster. The court directed that the selection process for filling the vacant post of Headmaster be conducted de novo by constituting a fresh Selection Committee and considering the candidatures of those candidates who appeared at the interview held on April 28, 2000.
PRANAB KUMAR CHATTOPADHYAY, J.
(1) THE principal issue raised in this appeal relates to filling up the post of Headmaster in the Ghatal Vidyasagar High School.
(2) THE facts relevant for the purpose of deciding the instant appeal are mentioned hereinafter: on 1st March, 1995 an advertisement was published in the newspaper for filling up the post of Headmaster in the aforesaid ghatal Vidyasagar High School. Pursuant to the aforesaid advertisement, interview was held on July 29, 1995. However, in view of the objection raised by the respondent No. 5, District inspector of Schools concerned cancelled the panel prepared by the school authority. Thereafter, second advertisement was published in the newspaper on January 12, 1996. The panel prepared pursuant to the said advertisement was again cancelled in view of the objection raised by the said respondent No. 5. On September 8, 1996 again another advertisement was published for filling up the said post of Headmaster in the said school but this time also the panel prepared by the school authority was cancelled pursuant to an order passed by a learned Single Judge of this court on 24th december, 1998 whereby and whereunder the said learned Single judge finally disposed of the writ petition filed at the instance of the appellant herein bearing C. O. No. 19730 (W) of 1996. The aforesaid order dated 24th December, 1998 passed by Honble Justice p. K. Samanta is set out hereunder:
"as agreed upon by the respondent-School authorities that it will not give effect to the selection already made for the purpose of appointment in the post ofhead Master of the Ghatal Vidyasagar Highschool, so the selection, if any, made for such appointment in the said post ishereby cancelled. This writ petition is, further, disposed of with a direction upon the school Authorities to make fresh appointment in the said post upon cancellation of all previous selections in this regard by taking into consideration the candidature of the writ petitioner on the basis of the application already made, along with allother candidates who had already appliedfor the said post as also others who maybe eligible for the same. It is made clear that the selection and/or appointment to the said post should be made as per the provisions of law.
(3) THE prayer for stay of this order is refused. In view of the aforesaid order dated 24th December, 1998 further interview was held on 28th April, 2000 for filling up the said post of Headmaster in the concerned school. Out of total 36 eligible candidates called at the said interview, only 8 candidates appeared on 28th April, 2000 before the Selection committee including the appellant herein. The Selection Committee, however, could not select any candidate this time as according to the said Selection Committee; none of the candidates are suitable for appointment as Headmaster of the concerned school. The decision of the Selection Committee has been recorded as hereunder: " Interview for the Selection for the post of headmaster of Ghatal Vidyasagar High School. Consolidated sheet
Sl. No .
????? Name ???????????? Experience ason 17. 2. 95
Qualification
1 ???
Gouri Sankar Pradhan
8 yrs. 10 months 17 days
M. A. B. Ed.
2. ??
Dr. Debabrata Pahari
No Experience ????????? M. A. Ph. D.
3. ???
Amalendu Lochan Chowdhury
More than 10 yrs. ??????
M. Sc . B. Ed.
4. ? ?
Subrata Patra ?????????
9 yrs. 6 months 13 days
M. Sc . B. Ed.
5. ? ?
Gourhari Jana ????????? No Experience certificate M. A. B. Ed.
6. ? ?
Uttam Kumar Tunga ?????
8 yrs. 10months 16 days
M. Sc . B. Ed.
7. ? ?
Kamal Koska Roy ??????? No teaching experience ? M. A. M. Ed.
8. ? ?
Sukdev Bati ???????????
More than 10 yrs. ????? M. Sc . P. G. B. T.
On the basis of the performance of the Viva-Voce test of all the eight (8) candidates appear before selection committee for the post of H. M. of the School, the members of the selection committee are of unanimous opinion that no candidates should be recommended for the appointment as Headma
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