Talukdar, J.

1. It would be short and sweet. The situation that has cropped up before us in the light of the decision of the Hon'ble Single Judge in W.P. No. 16417(W) of 2010 of 13/08/20I0 (Annexure-P 10) remaining no longer res integra and covered by the successive Division Bench decisions of this Court and is currently is in seizin by the Hon'ble Apex Court in Special Leave to Appeal (Civil) No(s). 24238 of 2010, should be dealt with accordingly.

2. Rendering of the Hon'ble Single Judge has been carried in appeal at the instance of the appellant hereinabove on the ground that the selection process initiated by the School Authorities beyond the period of 45 days from the date of receiving prior permission from the D.I. in terms of the Rules of 2005 does not vitiate the selection process and; that the decision of The Secretary of the Managing Committee, Kalinagar Girls' High School, Nadia v. Archana Ghosh (Saha) and Ors. reported in (2010)4 WBLR (Cal) 381 was not proper for this purpose.

We have heard Shri Bhattacharya in support of the Appeal and Shri Mitra for the State respondents.

3. Whilst it was the case of Shri Bhattacharya that the Rules of 2005 does not vitiate the s