THE DISTRICT INSPECTOR OF SCHOOLS IS OBLIGED TO ACCORD PERMISSION TO THE SCHOOL AUTHORITY FOR FILLING UP VACANT POSTS WHICH AROSE PRIOR TO THE ACT COMING INTO FORCE.

Heard Mr. Chatterjee in support of the application, and Mr. Mukherjee, the learned Advocate appearing for the State of West Bengal.

2. This is an application under Article 226 of the Constitution of India for issuing a writ of Mandamus commanding the respondents to cancel/withdraw/rescind. Annexure 'G' to the writ application and also writ in the nature of Mandamus be issued to the District Inspector of Schools for filling up the two posts of Assistant Teacher in language group.

3. The essential facts emerging in the writ application are as follows:-

Two teachers, namely, Gaya Prosad Jana and Sudhangshu Sekher Mahesh who were appointed on 1.7.37 and 18.7.37 respectively as Assistant Teachers in the stream of Bengali and English under the language group who had been retired on and from 30.6.97 and 31.7.97 and therefore, consequently, two posts of Assistant Teachers in the language group had fallen vacant. The school authorities by its resolution dated 31st January, 1997 issued a letter on 14.5.97 to the District Inspector of Schools enclosing therewith all relevant papers for according permission to fill up the poses of Assistant Teachers on the eve of retirement of Gaya Prosad Jana. Similarly, by resolution dated 20th August, 1997 the school authorities made a further request for permission to fill up the post of Sudhangshu Sekhar Mahesh after his retirement. But since no permission was accorded by the District Inspector of Schools, the school authority through its Managing Committee was obliged to file a writ in this Court for appropriate direction and accordingly, the District Inspector of Schools (S.B.), Midnapore was directed to dispose of the letter dated 3rd September, 1997 by according permission to the school to fill up the posts of two Assistant Teachers.

4. The District Inspector of Schools, however, after such direction was issued from this Court, passed an order vide Annexure 'G' to the writ petition, whereby he rejected the prayer of the petitioner for permission to fill up the vacancies. Therefore, this Managing Committee, being aggrieved by and dissatisfied with the order, has filed the case.

5. Mr. Chatterjee, learned Advocate, appearing for the petitioner, has argued with great vehemence that the District Inspector of Schools has, in the instant case, palpably committed grave error in rejecting the petitioners' prayer inasmuch as the Managing Committee has sought permission to fill up those posts on 3rd September, 1997 much before the West Bengal School Service Commission Act had come into force. Mr. Mukherjee, learned Advocate appearing for the State of West Bengal, has seriously contended that after passing of West Bengal School Service Commission Act, the school authority became defunct and they have no manner of right to fill up the vacant posts which in accordance with the Act should be filled up by the Commission. He hah also drawn my attention to Section 2 of the said Act which revealed that the Act shall come into force from the date of publication in the Official Gazette. On seeing the Official Gazette it is found that the Act was published on 15th January, 1998.

6. The sole question arises for consideration in this case is whether the District Inspector of Schools could be directed to accord approval for filling up the two vacant posts which fall vacant prior to coming into force of the West Bengal School Service Commission Act. In the instant case, the vacancy arose on 30th June, 1997 and 31st July, 1997. The Managing Committee, times without number, submitted representation to the District Inspector of Schools for granting them permission to fill up those posts in accordance with the Rules then existing but somehow or other, those representations did not evoke any response from the District Inspector of Schools. Obviously, the school authority even communicated to the District Inspector of Schools much prior to the Act having come into force. The learned Advocate appearing for the writ petitioner