A recruitment panel in minority institutions remains valid until approved by the relevant authority, regardless of the one-year timeframe if no approval has been issued.

JUDGMENT :

Rai Chattopadhyay, J.

1. Two issues are involved in this writ petition; firstly, whether due to non-approval of the panel by the District Inspector of Schools, the same can be treated as existing and extended beyond the period of one year from its dated as stipulated in the Government Notification No. 1314(50)-SE(S)/4A-35/2002 dated September 17, 2002 [hereinafter referred to as “No.1314”]; and secondly, whether even after the finding of the Hon'ble Division Bench of this Court regarding validity of the panel, the respondent has been justified and proper in finding the panel to have expired after the period of one year from its date. An order of the respondent/District Inspector of Schools (Secondary Education), Kolkata [hereinafter referred to as “the DI”], dated January 31, 2019, is under challenge in the instant writ petition, by dint of which the said respondent has rejected the petitioner's prayer, due to the reason of invalidity of the panel.

2. Let the factual background of the case be stated in a nut shell. The concerned school is a minority institution, protected under Article 30 of the Constitution of India and regulated and guided by the Special Rules of 1974 [vide Notification No. 641- Edn(S)/8B-3-69/Pt. VII dated May 23, 1974]. A vacancy arose there, for the sanctioned post of Laboratory Attendant (Group- D) on December 2, 2010, due to retirement of an approved staff. Hence, for fresh recruitment an advertisement was published on January 17, 2013 to initiate the process. In continuation thereof interview was held on April 5, 2013 and a panel was prepared. Subsequently on March 19/20. 2014, the same panel was recast. The writ petitioner had found the second place in the said panel.

3. The first empaneled candidate was appointed on June 26, 2013 and the said panel was sent by the school, for approval of the DI. However, vide a letter dated March 31, 2015, the DI cancels appointment of the first empaneled candidate, for the reason of production of the fake credentials, but does not issue any order of approval or cancellation of the entire panel. The same remains pending in his office. In the meantime one year period expires without any order of approval of panel, being issued by the DI.

4. The 1^st writ petition by the present petitioner follows, being W.P.No. 26931 (w) of 2015, which was dismissed by the Court vide order dated January 4, 2017, on the ground that one year life of the panel has already expired. This order of the Hon'ble Single Bench was challenged by the present petitioner in an intra-court appeal being FMA No. 1114 of 2017 along with CAN No. 2695 of 2017. The said order of the Appeal Court has been strongly relied on by Mr. Jana, learned advocate, who has represented the petitioner. The Court disposed of the appeal vide order dated December 13, 2018. The Court has firstly set aside the order dated January 4, 2017, of the Hon'ble Single Bench. Further it has directed the respondent/DI to take a decision as to whether approval to a recast panel of the candidates forwarded by the school authority on March 20, 2014 can be granted upon taking into account all the relevant factors necessary and required therefor. As such, it is submitted that, the ground of validity of the panel having expired after comp