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2010 Supreme(Cal) 1345

MRINAL KANTI CHAUDHURI, AMIT TALUKDAR
Managing Committee Of Polerhat High School – Appellant
Versus
State – Respondent


Advocates Appeared:
Sarwar Jahan, S.K.Nayeemul Haque, K.J.Yusuf, Debashish

JUDGMENT

1. THE Judgment of the Court was as follows : Refusal to accord permission for recruitment to the Post of Librarian of the Appellant School persuaded it to approach the Writ Court. Prayer for seeking permission to fill up the said post by the concerned District Inspector was allowed by the learned Single Judge. He also directed the "District Inspector of Schools (SE). 24 Paraanas South to refer the vacancy to the School Service Commission for initiating necessary recruitment process to fill up the post of Librarian in the concerned school."

2. ON a limited scope this Appeal has been preferred by the Managing Committee of the said School on the ground that in view of the fact that School Service Commission Act, 2008 came into effect on 14/01/ 2009 having no retrospective effect whereas the post fell vacant on 28/11/ 2007 the recruitment ought to have been conducted at the behest of the Appellant. To buttress his point Shri Sarwar Jahan with Shri Sk. Nayeemul Haque for the Appellant has submitted that even though the Order passed by the learned Single Judge brought some initial cheers on account of the permission for filling up the post of Librarian, which was hitherto not gi












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