JUDGMENT

Amitava Lala, J.

1. The scope of final disposal of the writ petition is very limited.

2. The old Rule 3D under the appointment of leave rules and conditions of service is as follows :

"Notwithstanding anything contained in rule 3, rule 3A or rule 3B, but subject to the provision of rule 3C, a qualified person serving as an organiser-teacher in a primary school, ever since that school was established may be appointed, with the prior approval of the Director of Public Instruction, West Bengal, as an assistant teacher of the school at the time it is granted recognition."

3. This has been substituted by the new rule vide notification No.731-Edn.(P)/9A-10/79 dated 11.9.80.

4. Under the old rules the Organiser Teachers of the Primary Schools were entitled to have appointments in the concerned school with prior approval of the Director of Public Instruction, West Bengal.

5. The moot point of controversy is whether the Organiser Teacher will be entitled to get the service irrespective of the recognition of the school or with the recognition of the school prior to new rule 3D or not.

6. To that extent we reported judgments were cited before this Court :

(1) One is reported in 1995