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RABINDRANATH SAMANTA
Debdas Dey – Appellant
Versus
State Of West Bengal – Respondent
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 assure
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.
Point of Law : As per Section 10 of the Delhi School Education Act, 1973, employees of private schools have to be considered at par with employees of government schools so far as grant of monetary be....
The management of private schools must adhere to the mandatory provisions of the M.E.P.S. Act and Rules, including obtaining prior permission from the Education Officer before recruitment, to ensure ....
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
The central legal point established in the judgment is that the petitioner, as a teacher in a private school, was entitled to receive salary and continuity of service for the period she worked, and t....
The judgment establishes the principle that public officers must act reasonably and responsibly in their official duties, conforming to the rule of law. It also emphasizes the importance of ensuring ....
The court emphasized the importance of adhering to recruitment bans and upheld the school's right to make decisions regarding appointments and terminations within the self-finance section.
Prior approval from educational authorities is mandatory for non-minority institutions to fill sanctioned vacancies in accordance with statutory regulations, irrespective of delays in response.
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