The court has jurisdiction to interfere with the decision of the Selection Committee and the appointment process in cases where there is mala fide, illegality, irrationality, or procedural irregularity. The court can exercise its power of judicial review to ensure that the selection process is fair, objective, and in accordance with the law.

Satyabrata Sinha, J.: To be or not to be has all along been a difficult question for the man-kind to answer. To act strictly in accordance with law or to show human consideration, sympathy or equity pose serious problems before the courts of law.

2. The appellant and the respondent No.7 are contenders for a post of Clerk-cum-Typist in Panihati Tran Nath High School (hereinafter referred to as the said school). The said school is an aided recognised school, and thus, is governed by the Recruitment Rules framed by the Director of School Education, West Bengal, in exercise of his power conferred upon him by clauses (i) and (ii) of sub-rule (1) and clause (i) of sub-rule (4) of Rule 28 of the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969, as also various notifications issued by the Education Department from time to time. The aforementioned 1969 Rules have been framed by the State in terms of its power conferred upon it under the provisions of the West Bengal Board of Secondary Education Act. It is not in dispute that the said directions of the Director of School Education having been made pursuant to his statutory power have the force of law and recruitment of teaching and non-teaching staff in an aided school has to be done in terms thereof. Various proceedings for such recruitment have been laid down in the said Rules, which infer alia, are :– (1) prior permission of the District Inspector of Schools has to be obtained, (2) The concerned Employment Exchange has to be notified about the vacancy, (3) Upon the names of the candidates being sponsored by the Employment Exchange they are to be interviewed by a Selection Committee constituted for that purpose, whereafter the Selection Committee forms a panel, (4) After a panel is framed, in the event the Managing Committee approves the same, it is sent to the District Inspector of Schools for his approval in terms of Rule 6(n) thereof, (5) Only upon approval of such panel by the District Inspector of Schools, the Managing Committee of the school can appoint a teaching or non-teaching staff. But even such appointment has to be approved by the District Inspector of Schools. In terms of the aforementioned Rules, when a vacancy occurred in the second post of Clerk-cum Typist in the said school, the school sought for prior permission to fill up the said vacancy from the District Inspector of Schools, 24 Parganas, North, who, in terms of his Memo dated 11.5.87, granted such prior permission directing preparation of panel in strict adherence to the recruitment procedure as laid down in his memo dated 28.8.81 and 25.4.83 and also directing that no appointment should be made before approval of panel by the District Inspector of Schools, 24 Pargans, North. The respondent No.7, Biswanath Bhattacharya admittedly filed a writ application in this court which was registered as C.O. No. 9849 (W) of 1989 on 8.8.89 alleging, inter alia, therein that pursuant to a resolution adopted by the Managing Committee of the said school he had been appointed on ad-hoc basis as Librarian-cum Physical Instructor. In terms of a resolution dated 1.2.81, his duties were re-allocated as part-time Additional Assistant on a remuneration of Rs. 100/- per month. Upon a representation made by the Headmaster purported to be on the basis of an application dated 10.4.82 filed by the respondent No.7, members of the Managing Committee enhanced his remuneration. In a meeting dated 13.7.86, the Managing Committee accepted the fact that his appointment as a part time Librarian suffered from irregularities inherent in the very nature, but it was stated that it had no intention to terminate his service. By a resolution dated 18.9.88 the Managing Committee resolved that the respondent No.7 would continue to serve as Office Assistant in the school considering the exigency of clerical works. The District Inspector of Schools granted prior permission to fill up the vacant post of Second Cl