Non-compliance of a directory provision cannot vitiate the entire selection process unless there are other grounds to support the same.

Shekhar B. Saraf, J.

1. This is an application under Article 226 of the Constitution of India wherein the writ petitioner has challenged an order passed by the Commissioner of School Education, West Bengal (respondent No. 2) dated January 10, 2018 with respect to acceptance of the selection panel that had been sent by the Managing Committee of Pakurgoria B.N. Vidyapith being the respondent No. 4 herein. The facts leading to the present writ petition are as follows:-

(a) It is to be noted that this is the third round of litigation before this High Court. On the first occasion by an order dated October 21, 2009 the District Inspector of Schools (SE), Purulia being the respondent No. 3, had declined to approve the panel prepared by the Managing Committee for recruitment of the post of Librarian.

(b) By an order dated February 12, 2015, this Court had set aside the said order and directed the respondent authorities to consider the same after obtaining an explanation for the delayed submission of the panel from the Managing Committee. Subsequently, by an order dated August 17, 2015 the Commissioner of School Education examined the explanation of the Managing Committee for the delay in submission of the panel and came to the conclusion that a delay of four months not only violates the rules but also indicates some unethical and unfair practice involved in finalisation of the panel that should have been prepared on the very next date of interview. The Commissioner further held that supposed prevailing tension after the interview indicated that the recruitment process was not fair.

(c) This Court once again had the occasion to look into the above order dated August 17, 2015 and by an order dated December 16, 2016 the said order was set aside by this High Court. The relevant portion of the order is provided below:

"Asok Kumar Malik (supra) and Rebati Raman Koley (supra) are of the view that the time frame stipulated in the Government Order dated December 26, 2005 is directory and not mandatory. They have held, in a given situation, it is open to the School authorities to explain the delay and it is for the State authorities to accept or reject the explanation for delay in submitting the panel for approval.

In the present case, the earlier writ petition filed at the instance of the School authorities was disposed of by the judgment and order dated February 12, 2015. Such order allowed to the School Authorities to explain the delay and the State Authorities to consider the explanation in accordance with law. The Commissioner of School Education was required to hear the parties and to decide on the issue. The Commissioner of School Education has heard the parties and has decided the issue by negating the request for grant of approval of the panel. However, the impugned order does not take into consideration the explanation for the delay as advanced by the School Authorities. The impugned order does not deal with the explanation as to why the explanation for the delay advanced by the School Authorities is not acceptable to the Commissioner of School Education. The Commissioner of School Education notes the delay. He is of the view that the delay of four months occasioned in submitting the panel violates the Rules prescribed under the Government Order dated December 26, 2005. He infers from statement made on behalf of the School Authorities, that there was some tension prevailing at that material point of time, that the selection process was unfair. He has not explained as to why a tension at the school premises would ipso facto render a selection process unfair.

In such circumstances, the impugned order is set aside. The Commissioner of School Education is requested to adhere to the judgment and order dated February 12, 2015 passed in W.P. 19030(W) of 2009 (Managing Committee, Pukurgoria B.N. Vidyapith & Anr. v. State of West Bengal & Ors.). The Commissioner of School Education will complete the exercise within a period of six weeks fro