Appointments made in violation of statutory provisions are void ab initio, reinforcing the requirement for lawful selection processes in public employment to uphold Articles 14 and 16 rights.

JUDGMENT :

Biswajit Basu, J.

1. The petitioners are educated unemployed youth of the State of West Bengal. They, except the petitioner no. 1 in WPA 1089 of 2023, are residing in the area under the Gorkhaland Territorial Administration (hereinafter referred to as the ‘GTA’ in short) and other hill districts of West Bengal. The petitioners are alleging that the vacant posts of teachers in the Government aided and sponsored schools of the said area have been filled up through backdoor without following any selection process, they are praying that all of such appointments be set aside. The petitioners are also challenging the legality and propriety of the letter bearing no. 254-SE/S/4A-1B/15(PT-III) dated March 08, 2019 whereby and whereunder the engagements of 313 voluntary teachers in Secondary/Higher Secondary Schools under GTA were regularized by the Principle Secretary, School Education Department, Government of West Bengal.

2. The petitioners are alleging large scale corruption in the said regularization of such teachers. The State, in its affidavit has disclosed that the regularization of the engagement of the said 313 voluntary teachers was approved only in-principle but without waiting for the final approval of the State, the engagement of those teachers was regularised. In view of such stand of the State, the challenge to the said letter dated March 08, 2019 is taken up for disposal first, keeping the other issues involved in the writ petitions pending for consideration later.

The argument of the learned counsel for the parties on the said challenge is recorded in seriatim herein below:-

3. Mr. Bikash Ranjan Bhattacharyya, learned senior counsel for the petitioners:-

i. The Executive Director of the GTA by a memo bearing No. 302(899)/GTA-EDCN/2017-2018 dated June 25, 2018 had communicated to all Headmistress/Headmaster/Head Teacher of all secondary, primary and upper primary level of schools under the GTA that it came to the notice of the authority that in many cases, the persons have been engaged as voluntary teachers without having requisite qualifications whimsically and in violation of the Order No. 01/I-2/EDN/DGHC/2010-11 dated July 30, 2010 of the Secretary, Education Department of DGHC, such engagement of voluntary teachers is in contradiction of the mandates of the Government of West Bengal and other appropriate authorities, henceforth such engagements would be considered as the personal liability of the Head of the Institution and its Managing Committee. Inspite of such caution, voluntary teachers were engaged and their engagements have been regularized without following any selection process. The petitioners therefore are praying that the engagement and regularization of the appointment of such teachers in GTA area be investigated by any independent agency and all appointments made after the aforementioned order dated July 30, 2010 be set aside.

ii. The State, in its affidavit-in-opposition to the writ petition, has disclosed that the appointment of 469 volunteer teachers were regularised by the Government through Cabinet approval. The communication dated March 08, 2019 discloses that the Government has taken a decision to regularise 313 more volunteer teachers. The State in the said affidavit has categorically stated that the State had principally decided to regularise the appointment of the 313 volunteer teachers but before any final decision in this regard by the Cabinet or by the Finance Department can be made, the District Inspector o