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.

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:

“In compliance with the order of the Hon'ble High Court, Calcutta in Circuit Bench at Jalpaiguri in W.P.A. No. 574/2021, dated 23/02/2021, all the 4 petitioners, namely (i) Nishumita Baraily, (ii) Neekey Ghising, (iii) Urbashi Tamang and (iv) Ujay Gurung were duly requested to attend a hearing on 23/03/2021 vide memo no. 208(4)/IV-45/Edn/GTA/2020- 21 dated 09/03/2021 before the undersigned with the certified copies of the court's order and other relevant documents in original in support of their claim. All the 4 petitioners appeared in person as requested and heard them at length.

Seen and perused the order of the Hon'ble High Court dated 23/02/2021 wherein the Hon'ble High Court has been pleased to direct the undersigned to consider the representation of the petitioner if filed within a week from the date and pass a reasoned order. All the petitioners duly filed a representation s directed by the Hon'ble High Court. During the course of hearing and perusal of the representation filed by the petitioners, it is found that all the petitioners are engaged as voluntary teachers in their respective schools by the School Managing Committee on different dates stated in the writ petition. On perusal of the engagement letters of the petitioners, it is found that the respective School Managing Committee while issuing engagement order to the petitioners, had specifically stated in their engagement order as follows:-

1. No remuneration will be paid to you.

2. No assurance has been given by the School Managing Committee for your permanency in the future.

3. School Managing Committee abides by all rules and notifications issued by the concerned Education Department Govt. of West Bengal, but in case of the department favour, the school Managing Committee will co-operate with you.

The School Managing Committee, while issuing the engagement order, has clearly stated that in case of all appointments /regularizations, the Committee has to abide by all the rules and notifications issued by the GTA and the School Education Department, Govt. of West Bengal. Hence, without following proper rules and notifications issued by the Education Department, Govt. of West Bengal, the representation of the petitioners for regularization cannot be considered at this stage. Hence, their prayer for regularization of appointment is rejected. Inform them accordingly."

3. Through a second round of litigation vide WPA 311 of 2023, the petitioners had sought for their absorption in the vacant post in the said school in respect of the Assistant teacher. They argued that on the strength of an order dated 29th December, 2014 passed in WP 34439 (W) of 2014 similarly placed teachers posted in different schools under the administration of GTA were absorbed against the vacant post. This court passed the following order in WPA 311 of 2023 on 07.02.2023:

“…This is the second round of litigation where the petitioner has sought for his absorption