The main legal point established in the judgment is that the appointment of the petitioner as a librarian was lawful and in accordance with the relevant government orders and recruitment rules.

JUDGMENT

Rabindranath Samanta, J. - This writ petition portrays the sad plight of the petitioner who since his appointment as a librarian on 13.08.2019 in a school is deprived of getting any pay.

2. Background facts which led the filing of the instant writ petition may be summed up as under:

The petitioner is a graduate and he has qualification in library science. Pursuant to an advertisement published in newspaper he offered his candidature as a candidate to the post of librarian in the respondent No.5 school namely Rajibpur St. Joseph High School (HS). He participated in the selection process and after completion of the selection process the school authority issued appointment letter dated 9th august 2019 to him as a successful candidate. He joined his duties on 13th August, 2019 and since then he has been discharging his duties as a librarian. Since his appointment the petitioner has been requesting the school authority for approval of his appointment from the offices of the respondent Nos. 3 and 4 namely the District Inspector of schools (SE), Dakshin Dinjapur and the Additional District Inspector of Schools (SE), Gangarampur Sub- Division at Buniadpur. The school authority assured him that they were taking appropriate steps for approval of his appointment. Recently, the petitioner came to learn from the school authority that the Principal Secretary, School Education Department, after hearing the matter with regard to approval of his appointment in the school as a librarian, refused to approve his appointment.

3. After collecting the relevant documents from the school authority the petitioner came to know that the respondent No. 5 school is a Christian Minority Educational institution and it has the power to recruit its own teachers and non teaching staff as a part of its management and control of the institution. Presently, the school is guided by the Recruitment Rules of 2016 published vide notification No. 79-ES/S/10R-14/2013 dated 3rd February, 2016 to recruit teachers and non teaching staff for the school. By memo No. 333-SE(Apptt)/10M-32/01 Pt dated 8th June, 2007 a post of a librarian for the school was sanctioned. However, by another Memo No. 2356(20) GA dated 3rd October, 2007 the aforesaid Memo dated 8.06.2007 was modified incorporating therein certain restrictions/guidelines. Following the parent Government Order dated 8th June 2007, the then Additional District Inspector of Schools (Secondary Education) granted prior permission to the school authority to recruit a librarian for the school vide its Memo dated 30th September, 2009 following the Recruitment Rules of 2002 which was in force at that time.

4. In terms of the permission as accorded to the school authority the school authority conducted selection process, prepared a panel and submitted the panel with relevant documents to the then Additional District Inspector of Schools (SE), the respondent No. 4 herein. Meanwhile, the guidelines as made vide Memo dated 3rd October 2007 were withdrawn by issuing an another Memo No. 376 GA dated 31st March, 2015 along with certain modifications and/or relaxations. It was specifically mentioned in the memo dated 31st March 2015 that the steps taken or prior permission already issued by the District Inspector of Schools following the previous Government Orders would be regularised by the School Education Department.

5. In 2018 the managing committee of the school decided to initiate a fresh recruitment process for the post of librarian by adopting a resolution. By letter dated 6th February, 2019 the school authorities started selection process in terms of the Recruitment Rules of 2016 which are now in vogue. The petitioner who was empanelled as a first candidate was given the appointment and he was appointed as a librarian in the school on 13th August, 2019. By letter dated 16th August, 2019 the school authority submitted all the relevant documents with a prayer for approval of the appointment of the petitioner as librarian to