Niranjan Sahoo @ Niranjan Sahoo vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1269

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE
I.P. MUKERJI, SUBHENDU SAMANTA, JJ.
Niranjan Sahoo @ Niranjan Sahoo & Anr. – Appellants
Versus
State of West Bengal & Ors. - Respondents
FMA 2089 of 2015 With CAN 1 of 2015 (Old CAN 6625 of 2015)
Decided on : 02-09-2022

Advocates:
Advocate Appeared:
For the Appellants : Mr. Arabinda Chatterjee, Sr. Adv. Ms. Kakali Dutta, Adv.
For the Respondents: Mr. Tapan Kumar Mukherjee, Sr. Adv., Mr. Gourav Das, Mr. Somnath Naskar, Adv.

Headnote:
Management of Recognized Non-government Institutions (Aided and Unaided) Rules, 1969 - West Bengal Service Commission Act, 1997 - School" means a recognised non-Government aided - Regulating the appointments - Favouritism and corruption - Allegations of nepotism - Recruitment process for appointment - Held, Court direct respondent Board to regularize appointment of appellants by appointing them as assistant teachers of said school from date recognition of school - Since financial burden on State would be very high, they shall not be paid actual salary from that date - Their salary from that date shall be calculated notionally, taking into account normal increments - Appellant no. 1 who has retired shall be entitled to arrear and current pension based on his notional salary on date of his retirement - Appellant no. 2 shall be entitled to join service immediately as an assistant teacher and shall be paid actual salary from date of his joining based on such notional calculation - After retirement, he shall be entitled to pension - Ordered Accordingly.

JUDGMENT :

I.P. MUKERJI, J.

1. Under the Management of Recognized Non-government Institutions (Aided and Unaided) Rules, 1969, on the existence of a vacancy in an aided or unaided recognised school, its Managing Committee had the power of conducting a recruitment process for appointment of assistant teachers and non-teaching staff. Their selection was subject to the approval of the District Inspector of Schools.

2. A lot of malpractice was reported in this recruitment process. There were allegations of nepotism, favouritism and corruption. The government wanted to take control of the situation by regulating the appointments through a statutory procedure. It enacted the West Bengal Service Commission Act, 1997. Under it, all appointments to aided schools were regulated by the West Bengal Regional School Services Commission through a competitive examination process. The material sections of the said Act relating to recruitment are as follows:-

“(2n) “school” means a recognised non-Government aided—

(i) secondary school, or educational institution, or part or department of such school or institution, imparting instruction in a secondary education, or

(ii) higher secondary school, or educational institution (other than a college), or part or department of such school or institution, imparting instruction in higher secondary education, or Definitions West Bengal Act V of 1963 West Ben. Act XXXIX of 1994 West Ben. Act VIII of 1975. 409

(iii) (..........) and includes a sponsored school.

Explanation I—“Recognised” with its grammatical variations, used with reference to a school, shall mean—

(a) recognised or deemed to have been recognised under the West Bengal Board of Secondary Education Act, 1963, (West Bengal Act V of 1963) or

(b) recognised under the West Bengal Council of Higher Secondary Education Act, 1975 (West Bengal Act VIII of 1975).

Explanation II.—“Aided” with its grammatical variations, used with reference to a school, shall mean aided by the State Government in the shape of financial assistance towards the basic pay of the teachers of that school.

Explanation III.—“Basic pay” shall mean the monthly pay of a teacher of a school which corresponds to a stage in the time-scale of pay of the post held by the teacher in that school.

Explanation IV.—“Secondary Education” shall have the same meaning as in clause (1) of section 2 of the West Bengal Board of Secondary Education Act, 1963. (West Bengal Act V of 1963) Explanation V.—“Higher secondary education” shall have the same meaning as in clause (d) of section 2 of the West Bengal Council of Higher Secondary Education Act, 1975. (West Bengal Act VIII of 1975).

Explanation VI. —“Sponsored School” shall mean a School declared as a sponsored school by the State Government by notification.”

7. Functions of Regional Commission.-Notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, it shall be the duty of the Regional Commission (to recommend persons) for appointment to the posts of Teachers or non-teaching staff in school within its territorial jurisdiction under the supervision and control of the Central Commission (on the basis of the result of the State Level Selection Test) conducted by the Central Commission.

8. Manner and scope of selection of persons and procedure for conduct of business of Commission.-(1) The manner and scope of selection of persons for appointment to the (posts of Teachers and non-teaching staff) shall be such as may be prescribed.

(2) The procedure for the conduct of business of the Commission shall be such as may be provided for by regulations.

(3) The Commission shall preserve the documents relating to examine including answer scripts for such period and in such manner, as may be prescribed.

9. Effect of recommendation of Commission. -(1) Notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, (appoi