The main legal point established in the judgment is that the new rules applied to ongoing selection processes, and the grant of prior permission did not confer vested rights in the management to complete the selection process under the old rules.

JUDGMENT :

Tapabrata Chakraborty, J.

1. A legal tussle has spiralled up to this Court primarily seeking a quietus to the issue as regards commencement of a selection process towards appointment of non-teaching staff in recognized educational institutions.

2. By an administrative order the Hon'ble the Chief Justice constituted this Bench to answer the issues formulated in a judgment delivered on 27th January, 2011 in two writ petitions, being WP 11255 (W) of 2010 and WP 11254 (W) of 2010, and a judgment delivered on 3rd November, 2014 in a writ petition being WP 23303 (W) of 2010. Writ petitions being WP 12879 (W) of 2010, WP 12882 (W) of 2010, WP 7884 (W) of 2010, WP 31299 (W) of 2014 and WP 8820 (W) of 2014 involving similar issues of facts and law have also been placed before this Court for analogous hearing.

3. For a purposeful deliberation and to answer the issues as formulated, we need to set out the facts involved in the lis and the statutory provisions applicable.

4. Under the West Bengal Schools (Control of Expenditure) Act, 2005 (in short, 2005 Act), the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 (in short, 2005 Rules) were framed and the same came into effect from 26th December, 2005. Subsequent thereto, the West Bengal School Service Commission Act, 1997 was amended by the West Bengal School Service Commission (Amendment) Act, 2008 (in short, the Amendment Act of 2008) and thereafter the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-teaching Staff) Rules, 2009 (in short, 2009 Rules) were framed and the same came into effect from 9th July, 2009. By the 2009 Rules, the earlier 2005 Rules stood superseded. Thereafter, in terms of memo no.28-SE(S) dated 8th January, 2010, the Management of Recognised Non-Government Institutions (Aided and Non-Aided) Rules, 1969 (in short, 1969 Rules) were amended to make provision for recruitment of non-teaching staff in respect of all recognised non-government aided educational institutions in the State solely on the recommendation of the West Bengal School Service Commission. With the issuance of the 2009 Rules, and with the amendment of the Management Rules, the school authorities no longer enjoyed the statutory power to conduct interview for recruitment of non-teaching staff.

5. The writ petition being WP 12879 (W) of 2010 was preferred by one Gopal Patra praying for a direction upon the respondents to issue prior permission for filling up a vacancy in a Group-'D' post in Sahapur Girls High School. The post fell vacant due to the retirement of one Anadi Nath Paul on 30th June, 2002 and though prior permission was sought for from the District Inspector of Schools (SE) (in short, DI) by the school authorities upon adopting a resolution on 13th August, 2002, the DI did not respond. The said writ petition was affirmed on 25th March, 2010.

6. The writ petition being WP 12882 (W) of 2010 was also affirmed on 25th March, 2010. One Abdul Kalam Mallik, the President of the managing committee of Joygram J. N. High School (HS) preferred the writ petition stating inter alia that though prior permission was sought for to fill up the vacancies in two posts of Group-'D' staff, which occurred on 1st February, 2003 and 1st February, 2004 respectively, the DI did not respond.

7. One Sri Subrata Sengupta preferred a writ petition being WP 7884 (W) of 2010 seeking direction upon the DI to grant prior permission to fill up a Group-'D' post at Parui Radhakrishna Vidyapith (HS) and to allow him to participate in the selection process pertaining to the said post upon condonation of age since he was working in the said post on temporary basis on and from 2nd April, 2000. Subsequent thereto, the school authorities approached the DI on 2nd June, 2005 to fill up another Group-'D' post which fell vacant due to the demise of one Sri Ranjit Mandal but in vain. The said writ petition was affirmed on 16th April, 2010.

8. To fill up a vacancy in a Grou