Appointments made in contravention of statutory provisions cannot be regularized, and authority to appoint staff lies with the Commission post-upgradation.

JUDGMENT :

HARISH TANDON, J.

1. Initially, the writ petition being WP 25180(W) of 2015 was filed by two persons including the appellant herein but at the time of the final disposal of the writ petition it was pointed out that the other writ petitioner who was arraigned as petitioner no. 2 attained superannuation and, therefore, the principal relief claimed in the writ petition so far as the other writ petitioner was concerned cannot be granted. By the impugned judgment dated 30th June, 2022, the Single Bench dismissed the writ petitioner with categorical finding that the appellant cannot be regarded as an organizing teacher and, therefore, prayer for regularization of their service upon upgradation of a school to Class IX and X cannot be granted.

2. Admittedly, the school in question i.e. Saotia High School was a Class IV Junior High School which was subsequently upgraded to high school having Class IX and X w.e.f. 1st May, 1999 and subsequently w.e.f. 1st May, 2000 respectively. Both the writ petitioners including the appellant herein claimed to have requisite qualification and were appointed from their respective dates as teaching and non-teaching staff. Since the instant appeal is at the behest of the writ petitioner no. 1 who claimed to have appointed on 11th March, 1996 as assistant teacher, we are deciding the aforesaid issue on the proposition of law argued by both the parties.

3. It is a specific claim of the appellant as he was appointed by the managing committee of the junior high school at the aforesaid relevant point of time which was recognized by the West Bengal Board of Secondary Education (WBBSE) and subsequently, it was upgraded to Class X high school. Prior to according the recognition for upgradation for Class IX and X, the first notification was issued on 12.02.1996 and the second notification was issued on 12.06.1998 on the basis of the relevant document submitted by the school authorities. Since the appellant was not considered to be absorbed into the post of an assistant teacher in the upgraded high school, a writ petition was moved before this Court which was disposed of on 25.09.2000 directing the Director of School Education to consider the prayer of the appellant and to dispose of the same after affording an opportunity of hearing. Pursuant to the said order, the matter was taken out by the Director of School Education but did not find the claim tenable in law and, therefore, the said prayer for absorption and/or regularization in the post was rejected. The second writ petition was filed for regularization of the appellant after setting aside the Director of School Education which was disposed of on 03.04.2002 with the specific direction to approve the appointment of the appellant. The respondent herein challenged the said order before the Apex Court in the Special Leave Petition wherein the leave was granted and ultimately, the Apex Court disposed of the same civil appeal with the following directions:

“The appellants, in fact, were appointed, as it appears from the facts of the case, in such school by the Managing Committee of the Junior High School as at that point of time was Class IX and X previously recognized by the Authorities Meaning thereby, the West Bengal Board of Secondary Education subsequent thereto, it appears to us that the said School was upgraded and was duly recognized by the State Secondary Education Board. In view of that, it appears to us that the appellants since working for such a long time in the said School, their cases should be considered by the Authorities in the light of the provisions of law taking into consideration the West Bengal School Service Commission Act, 1997 and in our opinion at the time of such consideration, it would be the plea