An order passed without assigning any reason is bad in law and cannot be sustained.

JUDGMENT

Rabindranath Samanta, J. - The petitioners by filing this writ petition challenge a Memo dated 01.01.2020 issued by the Director of Mass Education Extension, Government of West Bengal, the respondent No.2 and an another Memo dated 10.12.2021 issued by the O.S.D & Ex-Officio Director of Mass Education Extension, Government of West Bengal and pray for direction upon the respondents to approve the panels prepared by the Selection Committee of the respondent No.4 School and appoint the petitioners as teaching and non-teaching staff of the school.

2. Be it noted that during the pendency of the writ application the name of the petitioner No.3 Avijit Mandal was struck out from the cause title of the application vide order dated 19.12.2022 on his prayer.

3. The facts which led to the filing of the writ petition may be summarised as under:

Ananda Bhawan Deaf & Blind School at Brindabanpur, Howrah is a recognised school under the Government of West Bengal and financial assistance including Government sponsorship have been extended to this school. By a Memo dated 3rd December, 2018 the Joint Secretary to the Government of West Bengal asked the Director of Mass Education Extension to fill up six posts of Ananda Bhawan Deaf & Blind School along with other educational institutions. By a circular dated 24.04.2017 procedure of appointment of teaching and non-teaching staff in a sponsored school has been prescribed. In terms of this circular a selection committee was constituted consisting of four members and the concerned Sub-Divisional Officer was the Chairman of the Committee.

4. In response to an advertisement published in a State level Bengali Daily newspaper namely 'Ei somoy' and the Daily English newspaper namely 'Times of India' at the behest of the school authority to fill up six posts viz Assistant Teacher (UR), Assistant Teacher (ST), Librarian (UR), Clerk-cum-Cashier (UR), Peon (UR) and Night Guard (UR) the petitioners made applications to the aforesaid school for appointment of the said posts. By issuing letters the selection committee called the petitioners on 15.06.2019 to appear in the Interview. After completion of the interview, the selection committee prepared six panels. Each of the petitioners topped the panel in respect of different category of posts. The panels so prepared by the selection committee was approved by the managing committee of the school. Thereafter, the panels were submitted to the respondent No.2, the Director of Mass Education Extension through the District Mass Education Extension Officer, Howrah, the respondent No.3 herein. The petitioners state that the panels prepared by the selection committee and approved by the managing committee of the school were not approved by the Director of Mass Education Extension, Government of West Bengal. The petitioners complain that the respondent No.2 while disapproving the panels did not assign any reason. The petitioners submit that the decision of the respondent No.2 is absolutely non-speaking without any prudent reason and without disclosure of any fault detected in the panels. The panels were prepared by the Sub-Divisional Officer, District Mass Education Extension Officer, Teacher-in-Charge and the expert appointed by the District Magistrate, Howrah. In such factual position, there cannot be any violation of the provisions as to preparation of the panels.

5. While the respondent No.3, the District Mass Education Extension Officer submitted the panels to the Director of Mass Education Extension he advocated before him for approval of the panels giving sufficient reasons therein.

6. Though the Memo dated 07.01.2020 of the respondent No.2 did not spell any reason of violation of the existing rules, the petitioners on verbal discussion with the authority concerned came to learn that the concerned authority raised objection that the Sub-Divisional Officer who w