(1.) CHALLENGING the judgment and order dated 19th January, 2005 passed by the learned Trial Judge in W. P. No. 2262 (W) of 2003, this appeal has been preferred by the respondent No. 6 of the writ application against the order, quashing his appointment in the post of Peon, a Group-D post in Dantan Bhagat Charan Junior High School on the reasoning that the respondent No. 6s participation in the interview, a non-sponsored candidate, by the decision of the Managing Committed of the school was not in accordance with law, irrespective of the fact that the respondent No. 6 got an order on 19th February, 2001 in another writ application being W. P. No. 1907 (W) of 2001 whereby and whereunder managing Committee of the school was directed to consider his application seeking permanent appointment in the post in question.

(2.) THE respondent No. 6 moved the writ application being W. P. No. 1907 (W) of 2001 on the ground that as he was discharging duty of peon in the concerned school without any remuneration and voluntarily, his appointment should be made permanent following the recruitment rules in the vacant post of Peon. D. P. Kundu, J. (as His Lordship then was)disposed of the said writ application by the order dated 19th February, 2001, which read such:- "the learned Advocate for the petitioner submits that the respondent No. 3 the Secretary, Dantan Bhagat Charan Junior High school, P.O. and P. S. Dantan, Dist. Midnapore, be directed to treat copy of the writ application as representation of the petitioner consider and dispose of the same by a reasoned order. Under the circumstances I dispose of the present writ application by the following order. The respondent No. 3 is directed to treat a copy of the writ application as the representation of the petitioner consider and dispose of the same by a reasoned order within 8 weeks from the date of communication of this order. A copy of the reasoned order would be served upon the petitioner within 2 weeks from the date of making thereof. The learned Advocate for the petitioner is permitted to take down the list of the order for communication and the respondent No. 3 to directed to act on such communication. The gist of the order and the copy of the writ application should be served upon the respondent No. 3 within, two weeks from to-day. In these terms, the writ application is disposed of. If xerox certified copy of this order is applied for, that should be made available to the learned Advocate/s for the party/parties as quickly as possible."

(3.) THE Managing Committee of the school in pursuance of such order allowed his participation in the selection process, which following the recruitment procedures issued by Director of School Education, West Bengal as was in vogue at the material time being recruitment procedure issued under authority and power in terms of Rute 28 of the Rules for Management of Recognized Non-Government Institution (Aided and Unaided) Rules, 1969, hereinafter for brevity referred to as Management Rules, 1969, was already started by inviting the names of eligible candidates from the employment Exchange, which was the only mode to call for the candidates for fillinq up the post as per said recruitment procedure.

(4.) THE recruitment procedure, which was followed by the Managing committee to fill up the vacant sanctioned post of Peon was issued under memo No. 1736 (21) G. A. dated Calcutta, the 1st November, 1999 and in the prior permission decision dated 19th September, 2000 issued by the District Inspector of Schools (SE) Midnapore, hereinafter referred to as concerned District Inspector of Schools for brevity, as per said recruitment procedure, direction was given to invite the names from employment Exchange only. Under the prior permission decision, the district Inspector of Schools concerned had informed the Managing committee to fill up the vacant post of Peon following the said Recruitment rules of Director of School Education, West Bengal dated 1st