Amended rules cannot be given retrospective effect to affect a selection process that had already commenced.

The judgment of the Court was as follows :––

Sinha, J: This appeal is directed against a judgment and order passed by S. K. Sen, J., dated 12.9.94 passed in C. R. No. 11949 (W) of 1983, whereby and whereunder the said learned Judge allowed the writ application filed by the writ petitioners questioning the memos dated 2.9.82 and 21.10.82 issued by the District Inspector of Schools, whereby and whereunder he had cancelled a panel prepared by the Managing Committee of the school.

2. The fact of the matter lies in a very narrow compass.

3. The father of the writ petitioner No.1, Narayan Chandra Kar was a Class IV employee. He used to work as drinking water supplier cum night guard. He retired on April 1, 1991. The writ petitioner No.1 had been performing his duties on ad hoc basis. Another employee, namely, one Bhajahari Ruidas was working as Sweeper as also locking and unlocking the gates of the school. He died on 2.3.81, whose duties were being performed by the petitioner No.2 on ad hoc basis. Two Class IV vacancies arose in the said school. The Managing Committee by a memo No. 47 dated 8.5.81 sought for permission to fill up the said two posts. Such permission was granted by the competent authority on 14.5.81 and an advertisement was issued in a local newspaper in terms of the rules as was existing on 1.6.81 and interview was held on 22.5.81. However, in the meanwhile, the Director of School Education, West Bengal, in purported exercise of his power conferred upon him by Clauses (i) and (ii) of sub-rule (1) and by Clause (i) of sub-rule (4) of Rule 28 of the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided) 1969, in supersession of his earlier guideless issued guidelines for compliance by recognised Non-Government secondary schools. The said rules contained the procedures as regards the appointment of teaching and non-teaching staff. There appears to be a dispute at the Bar as to whether the Rules as were existing prior to the said Rules of 1981, which was published in the Official Gazette on 1.8.81 contained any guideline as regards appointment of non-teaching staff but keeping in view the order proposed to be passed, we do not intend to dilate on the aforementioned subject.

4. The District Inspector of Schools, however, by an order dated 2.9.82 rejected the panel sent to him by the Managing Committee of the School, which, as noticed hereinbefore, was prepared in terms of the earlier rules allegedly on the ground that the procedures for such selection of Class IV staff had not been followed. He granted a fresh permission on 21.10.92 and again an interview was held on 17.8.93 and the said panel was approved on 29.9.83. The writ petitioners/respondents questioned the said second panel and it is accepted at the Bar that an interim order was passed directing the District Inspector of Schools not to give approval to the second/panel.

5. The learned Trial Judge upon taking into consideration the respective contentions of the parties, inter alia, held that keeping in view the fact that advertisement had been made in a local newspaper on 1.6.81, before the amended rules came into force, and as interview was also held in terms thereof, the subsequent rules dated 1.8.81 could not have been given a retrospective effect. It may be noticed that in terms of the amended rules the Managing Committee of the school was required to notify the vacancies before the Employment Exchange and the Employment Exchange was required to sponsor the names of concerned candidates.

6. This appeal appears to have been filed at the instance of the appellants who were not made parties in the writ application on or about 17.11.94. A Division Bench of this Court, however, by an order dated 22.11.95 allowed the application filed by the appellants for condonation of delay under Section 5 of the Limitation Act, and directed expeditious hearing of this appeal.

7. Mr. Chatterji appearing on behalf of the appellants submitted that keepi