The provisions of the School Service Commission Act, 1997 and the Rules framed thereunder apply to the selection process for the posts of Assistant Teachers in the school, as the selection process was not completed before the commencement of the Act.

S.B.Sinha, J.

1. These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

These appeals involve a question as to whether in the facts and circumstances of these case, the provisions of the School Service Commission Act, 1997, West Bengal Act No.4 of 1997 will have any application or not.

Before considering the point of issue the short fact of the matter may be noticed.

"2. Some post of Assistant Teachers fell vacant in Bohalberia Md. B.N. Siksha Sadan from time to time. Allegedly on or about 20-9-93 a prior permission was granted to fill up the said vacancy. However, on or about 12-11-97/27-10-98 fresh prior permission had been granted; pursuant whereto the Managing Committee of the School asked the Employment Exchange to sponsor the names of candidate on 8-11-98. In the meantime the School Service Commission Act (hereinafter referred to as the said Act) came into force on 1-11-97. Rules under the said Act were made by the State of West Bengal on or about 8-11-98.

3. An advertisement was published in the newspapers inviting application for the post of Assistant Teacher on 2-12-98 and the panel was prepared and in one of the posts the son of the Head Master of the said school was selected and was placed at Serial No.1 in the panel.

On 12-2-99 the said panel was submitted to the District Inspector of Schools (SE), South 24 Parganas, Alipore.

4. In the meantime the writ petition was filed by the writ petitioners, inter alia, for the following reliefs;

"a) A writ in the nature of Mandamus commanding the respondents, their servant agents, associates and each one of them particularly the respondent Nos. 2 & 3 to fill up the vacant post of Assistant Teacher in History subject in Bohalberia Md. B.N. Siksha Sadan, P.O. Bohalberia, via Dhola Hal, District South 24 - Parganas through School Service Commission.

b) A writ in the nature of Mandamus commanding the respondents, their servants, agents, associates and each one of them restraining the School authorities of Bohalberia Md. B.N. Siksha Sadan , P.O. Bohalberia, via Dhola Hal, District South 24-Parganas not to fill up the vacant post of assistant teacher in History subject in the said school through open Advertisement.

c) A writ in the nature of Certiorari directing the respondents to certify and transmit all the records and documents pertaining to this application so that the conscionable justice may be administered by quashing the same;"

5. By reason of the impugned judgment, the ld. Trial Judge allowed the said writ application, inter alia, on the ground that section 9(2) of the School Service Commission Act, 1997 will have no application as the selection process started long prior to the said Act having come into force.

6. Mr. Ashok Dey, the ld. Counsel appearing on behalf of appellant, inter alia, submitted that keeping in view the phraseology used in section 9(2) of the said Act, the Trial Judge must be held to have committed an error in law in holding that the provisions thereof have no applications in the facts and circumstances in this case. Strong reliance in this connection has been placed on Ansar Alam Vs. The State, reported in 1998 L.I.C 2233.

7. On the other hand, Mr. Maloy Kumar Basu, the ld. senior Counsel appearing on behalf of the respondents, inter alia, submitted that grant of prior permission on 12-11-97 and 27-10-98 or the advertisement published on 2-12-98 being in continuation of the order granting prior permission dated 20-9-93, the same must be held to be have been done by way of revalidation of the earlier order granting prior permission as would appear from the letter dated 12-11-97 issued by the District Inspector of Schools to the Secretary to the said School which is to the following effect.

"On the basis of the court's order passed by the Hon'ble Justice N.K.Mitra in W.P.No. 24445(W) of 1997 on 3.10.97 he is hereby requested to proceed for appointment of teachers and no