Pranab Kumar Chattopadhyay, J.

In view of dismissal of the writ petition by the learned Single Judge, appellant herein has preferred an appeal and also filed an application in connection therewith. It appears from the records that the District Inspector of Schools (SE), Hooghly refused to approve the panel prepared by the School Authority for filling up the vacant Group-D post. The validity and legality of the aforesaid order was challenged by the appellant herein before this Court by filing a writ petition which was dismissed by the impugned judgment and order under appeal passed by the learned Single Judge. While dismissing the aforesaid writ petition, learned Single Judge held that the District Inspector of Schools (SE), Hooghly has rightly refused to accord approval to the panel in question. The District Inspector of Schools concerned refused to accord approval to the said panel mainly on the following grounds :

a) The prior permission for filling up the post in question was granted by the Additional District Inspector of Schools (SE), Arambagh who was not authorised to grant the said prior permission for filling up the vacancy under the West Bengal Schools (Recruitment of Non-Teaching Staff) Rules, 2005 (hereinafter referred to as “Recruitment Rules of 2005)”.

b) The interview letter was dispatched to the candidates under Certificate of Posting and not by Registered Post with Acknowledgement Due and thus the specific provision of Sub-Rule 7 ( c ) of Rule 8 of the Recruitment Rules of 2005 was not followed.

The learned Single Judge upheld the aforesaid objections raised by the District Inspector of Schools concerned and observed that under the Recruitment Rules of 2005 only District Inspector of Schools (SE) is authorised to grant prior permission for filling up the vacant post of non-teaching staff. The learned Single Judge also held that in the present case Recruitment Rules of 2005 has not been followed by the School Authority since the interview letters were dispatched to the candidates concerned by Certificate of Posting and not by Registered Letters with Acknowledgement Due in terms of Sub-Rule 7 (c) of Rule 8 of the West Bengal Schools (Recruitment of Non-Teaching Staff) Rules, 2005.

With regard to the validity and/or legality of the prior permission granted by the Additional District Inspector of Schools concerned, the learned advocate of the State Respondents however, fairly admitted before this Court at the time of hearing of the matter that the Additional District Inspector of Schools (SE) is authorised to grant prior permission for filling up the vacant post of non-teaching staff in a School. As a matter of fact, the Secretary, School Education Department, Govt. of West Bengal by an Office Order issued under Memo No. 1360-SE (Law)/SL/5s198/12 dated 27th August, 2012 made it clear that the Additional District Inspector of schools (SE) was duly authorised to independently dispose of the matters with regard to grant of prior permission, approval of the panel and approval of appointment of teaching and non-teaching staff. In the aforesaid Memo, Secretary has also made it clear that the Additional District Inspector of schools (SE) and the District Inspector of Schools (SE) are officers of equal rank, having independent power to regulate the affairs of the establishment.

In view of the aforesaid order issued by the Secretary, Govt. of West Bengal, it cannot be said that the Additional District Inspector of Schools (SE) was not authorised to grant prior permission for filling up the post in question and therefore on that ground, District Inspector of Schools cannot refuse to approve the panel submitted by the School Authority.

The other objection raised by the District Inspector of Schools regarding approval of the panel in question is that the provisions of Sub-Rule 7(c) of Rule 8 of the West Bengal Schools (Recruitment of Non-Teaching Staff) Rules, 2005 were not followed since the interview letters were n