PRANAB KUMAR CHATTOPADHYAY, J.

(1.) THIS appeal has been preferred at the instance of the writ petitioner assailing the judgment and order passed by the learned single Judge whereby and where under the said learned Single Judge dismissed the writ petition without granting any relief to the appellant herein.

(2.) THE learned Single Judge while refusing to interfere in the matter specifically observed that although the writ petitioner has approached this court at a belated stage even then the Director of school Education, West Bengal was directed by this court to consider his representation and the said Director of School education in compliance with the said direction disposed of the said representation of the writ petitioner by a speaking order. The learned Single Judge, however, did not decide the validity, legality or correctness of the aforesaid order passed by the director of School Education, West Bengal.

(3.) IT appears from the records of this case that the appellant/writ petitioner herein was appointed by the school authority as an Assistant Teacher w. e. f. 4th April, 1997 when the school was not recognised and by the subsequent Memo dated 2nd February, 2000, West Bengal Board of Secondary Education granted recognition to the said school as a 4-class junior high school (upto Class VIII) w. e. f. 2nd February, 2000. It also appears from the records that the Director of School Education, West Bengal by memo No. 1201-LS dated 19th June, 2000 instructed the District inspector of Schools (SE), Howrah to accord necessary approval to the appointment of six organising teaching and two non-teaching staff w. e. f. 2nd February, 2000 and to report compliance thereof immediately. The aforesaid letter of the Director of School education, West Bengal is set out hereunder:

(4.) THE District Inspector of Schools (SE), Howrah, however, by memo dated 23rd June, 2000 accorded approval to the appointment of five teaching and two non-teaching organising staff of the school although the school authorities submitted papers for approval of appointment of six organising teaching staff including the appellant/writ petitioner herein.

(5.) SINCE the District Inspector of Schools (SE), Howrah did not approve the appointment of the appellant/writ petitioner as an organising teaching staff of the school even after receiving specific instructions from the superior authority, namely, the then Director of School Education, West Bengal, a writ petition was filed at the instance of the appellant herein before this court which was finally disposed of by a learned Single Judge of this court on 7th October, 2002 whereby and where under the Director of School Education, West Bengal was directed to consider the representation of the appellant herein and dispose of the same in accordance with law by a reasoned order. In compliance with the aforesaid order passed by this Honble court, Director of School education, West Bengal disposed of the representation of the appellant herein and passed a reasoned order which was communicated to the said appellant by Memo dated 20th May, 2003. By the aforesaid reasoned order, Director of School Education, West bengal held that the appellant herein is not entitled to any relief. The concluding part of the aforesaid order passed by the director of School Education, West Bengal is set out hereunder: "in the circumstances I regret that the petitioner is not entitled to any relief as he has prayed for because of the following reasons: (1) the post of headmaster in the Junior High School has to be filled up by a duly qualified candidate through the School Service Commission of the concerned region for which the present vacant post of teacher in the school has to be utilised. Thus no further vacancy in the post ofassistant teacher is available in the school. (2) the petitioner was not a party to the writ petition court case and therefore not a party to the Honble courts order passed therein in compliance of which the se