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BIBEK CHAUDHURI
Nishumita Baraily – Appellant
Versus
Gorkhaland Territorial Administrative Council – Respondent
JUDGMENT :
Bibek Chaudhuri, J.
1. This instant review petition is filed by one Nishumita Baraily along with others, who being aggrieved and dissatisfied with the order dated 07.02.2023 passed by this Court in W.P.A. No.311 of 2023, has prayed for permanent approval to the post of a teacher in Lower Chongtong High School, Darjeeling.
2. The petitioners were appointed as assistant teachers on 23rd May, 2016, 25th September, 2014, 10th December, 2018 and 23rd May, 2016 in Lower Chongtong High School by the school authority against the permanently sanctioned vacant post. In 2009 in an administrative circular, the School Education Department restrained the District Inspector of School (S.E.), Darjeeling from approval of appointment to any teaching staff engaged on a contractual basis. The petitioners filed WPA 574 of 2021 which was disposed of on 23.02.2021 with a direction upon the respondents to consider the representation of the petitioner within a period of six weeks and the D.I. of Schools (S.E.) passed the following order dated 23rd March, 2021:
The power of review is limited to examining whether the order sought to be reviewed contains any apparent error or if new and important evidence has emerged that could overturn the order.
The power of review under Section 114 and Order 47 Rule 1 of the Code of Civil Procedure, 1908 is limited to cases where there is a grave or apparent error in the order sought to be reviewed or where....
The main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
Authority lacks jurisdiction to retroactively disown approved appointments without due process, affirming the necessity of natural justice and protecting vested rights established through service.
The court affirmed deemed approval for teacher appointments due to the respondent's failure to act within legal timelines and ruled that objections for rejection were legally invalid.
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