IMPORTANT POINT
The main legal point established in the judgment is the recognition and regularization of organizing teachers' services in a school, considering the genuine efforts of the organizing staff in setting up the school and the authority of the Managing Committee in making appointments.

JUDGMENT :

I.P. Mukerji, J.

1. This is an appeal from a judgment and order dated 25th November, 2019 passed by a learned single judge of this court in exercise of its writ jurisdiction, dismissing the writ application. It is preferred by the writ petitioners.

2. Five petitioners preferred the writ application. They described themselves as organizing assistant teachers of Aloke Kendra High School, present and past responsible for setting up classes IX and X. The school is located in Paschim Medinipur. Out of the writ petitioners, Asit Ranjan Gayen, Mrityunjay Pal and Madhusudan Pakhira were working in the school at the time of filing of the application whereas Gourhari Ghorai and Ajit Kumar Mishra had retired on that date. All the writ petitioners joined the school as assistant teachers between 1974 and 1992. Asit Ranjan Gayen joined the school on 2nd May, 1992, Gourhari Ghorai on 1st March, 1974, Ajit Kumar Mishra on 1st February, 1975, Mrityunjay Pal on 2nd May, 1992 and Madhusudan Pakhira on 1st September, 1992.

3. Apart from its teaching staff, the school also had non-teaching staff.

4. With effect from 1st January, 1999 the school was upgraded to a high school. The District Inspector of School refused to approve the services of their staff.

5. A writ application was filed in this court [WP No. 21556(W) of 2000] to compel the respondent authorities to approve the staff of the school. It was disposed of on 7th December, 2001 with a direction on the Director of School Education to consider this question of approval. The Director gave approval to the non-teaching staff but refused approval to the teaching staff.

6. Another writ application [WP No. 4706(W) of 2003] was filed in this court challenging the order of the Director of School Education which on 11th December, 2003 was allowed by setting aside the said order and by directing the authorities to approve the services of the writ petitioners within three weeks of communication of the order.

7. The state government preferred an appeal from this order. The appeal was allowed by a division bench of this court. The writ petitioners moved the Supreme Court by a Special Leave Petition. The Supreme Court on 19th February, 2015 disposed of the matter by directing the Secretary of the School Education Department to consider the case of the writ petitioners.

8. The highest court had noted that the school had been given recognition but the service of the writ petitioners had not been regularized. Most of the teachers had worked for a long time and some of them had retired after having served the school since 1970. The Supreme Court directed the state authorities to consider the case of the writ petitioners. The court noted the enactment of the West Bengal School Services Commission Act, 1997. It nevertheless also noted that the school was originally a junior high school with effect from 01.01.1969 upgraded to Class IX high school with effect from 01.05.1999 and thereafter, to Class X high school with effect from 01.05.2000. The writ petitioners had joined the school before upgradation and recognition. They had been appointed by the Managing Committee of the junior high school. The case had to be considered on its facts without being influenced by the Uma Devi case reported in (2006) 4 SCC 1 by a reasoned order after giving a personal hearing to the writ petitioners.

9. By his order dated 16th July, 2015 the Secretary of School Education held that no power had been given to the Managing Committee of the school to appoint any teacher or non-teaching staff beyond the sanctioned strength of teaching and non-teaching staff. There was no power in the Director under Section 10 of the School Service Commission Act, 1997 and the rules thereunder or Rule 28 of the management of Non-Government Institution (Aided and Unaided) Rules, 1969 framed under the West Bengal Board of Secondary Education Act, 1963 to regularize such appointments. The reference by the Supreme Court was disposed of accordingly.

10. In