JUDGMENT :

Rabindranath Samanta, J.

1. Challenging the acceptance of the resignation of them by an educational institution namely Noble Mission of South Calcutta by its written communications dated 9th March, 2021, 29th June, 2022 and 2nd September, 2022, the petitioners have approached this Court by filing this writ petition.

2. The facts giving rise to filing of this writ petition may briefly be stated as under:

Some respectable persons established a school for disabled children under name Noble Mission of South Calcutta. The school is registered under the Societies Registration Act. Initially, this educational institution situated at premises no. 122/1/1/4A, Monoharpukur Road, Kolkata-700026. Presently, the school situates at Barakhola, Krishakpally, Mukundupur, Kolkata-700099. This institution was established to impart training to mentally retarded children.

3. The petitioners Tapati Basu and Sudipa Banerjee are the Assistant Teachers of the institution. By order dated 15th March, 2022 issued by the Joint Secretary of Mass Education Extension Department, Government of West Bengal academic recognition was sanctioned to Noble Mission of South Calcutta as an institution for handicapped children and by the order the institution was informed that it should follow the norms of the department. The Department of Mass Education Extension inspected the institution and verified all the documents as regards students, curriculum and organising teaching and non-teaching staff of the institution. Being satisfied with the functioning of the school, the documents relating thereto and the qualifications of the teaching and non-teaching staff the Mass Education Extension Department granted sponsorship to the institution in terms of Memo No. 553 Edn (MME) dated April 20, 1995. Subsequently, by an order dated 16th November, 2010 issued by the OSD, Ex-Officio Joint Secretary, Department of Mass Education Extension, sanction of sponsorship was granted to the institution with the students strength of 93 and 17 teaching and non-teaching posts. By the order dated 16th November, 2020 the OSD, Ex-Officio Joint Secretary directed the Director of Mass Education Extension that eligible organising teaching and non-teaching staff of the institution would be absorbed against the respective post as sanctioned and would be placed in respective scales of pay. This order dated 16th November, 2020 was issued with the concurrence of the Finance Department and approval of the cabinet on October 27, 2020. After receiving the order of sponsorship, the institution authority made prayer to the Director of Mass Education Extension to approve the appointment of the eligible teaching and non-teaching staff of the institution as they were discharging their duties with a nominal remuneration. By a memo dated 14th January, 2011 the concerned State authority asked the institution to reconstitute managing committee with certain members whose designation were mentioned in the Memo.

4. After the Managing Committee was formed, the Secretary of the Managing Committee by a letter dated 14th February, 2011 requested the Director of Mass Education Extension for granting approval of organising teaching and non-teaching staff of the school. The petitioners who were appointed as Assistant Teachers possessed the requisite qualification for such post.

5. Since, the Director of Mass Education Extension failed to accord approval to the appointment of organising teaching and non-teaching staff despite representations made by the Institution authority, the petitioners as well as the school authority approached this Court by preferring writ application. Ultimately, in compliance with the Court’s order, the Director of Mass Education Extension vide Memo dated 12th May, 2022 and pursuant to G.O No. 195/MEE/Sectt dated 12.05.2022 accorded approval to the appointment to ten organising teaching and non-teaching staff of Noble Mission of South Calcutta situated at Barakhola, Krishakpally, Mukundupur, Kol