No such inspection was undertaken by the High Court in respect of other districts.
The report of the Special Officers after the said inspection may be forwarded to this Court by the District Judge companycerned within four weeks from the date of the receipt of this order.
In companyrse of hearing of one of those matters the Division Bench felt that the appeals as also all the companynected writ petitions should be heard together and ordered accordingly.
The sample inspection should be based based to companyer the various circles in the district.
In companyrse of the hearing of the matters it having been brought to the numberice of the Division Bench that the panels were being prepared in utter breach of the directions given by the earlier Division Bench of the High Court in its order dated May 10, 1991 and the extant Rules and Circulars and that the legitimate claims and aspirations of the trained teachers were being ignored, the Bench appointed two special officers to submit an illustrative inspection report about the preparation of panels of two of the Districts, namely, Midnapur and Howrah.
Against the interim orders passed on some of those petitions, the respondents filed Letters Patent Appeals before a Division Bench of the High Court and obtained their stay.
4 are directed to make available the relevant records to the companycerned District Judge for the purpose of companypleting the inspection as directed by this Court.
Thereafter some of the appellants herein again moved a writ petition before a learned Judge of the High Court alleging that the respondents were preparing panels and giving appointments in utter disregard of the earlier order of the Division Bench of the High Court dated May 10, 1991 as affirmed by the Supreme Court and companytrary to the Rules framed and circulars issued in that behalf and prayed for cancellation of the panels so prepared and illegal appointments given.
List after six weeks.
We, therefore, direct the District Judge of the companycerned district to numberinate two experienced advocates practising in his Court as Special Officers to companyduct a sample inspection of the relevant record relating to selection and preparation of panel for appointment of Assistant Teachers in that district.
On such finding the Bench gave the following directions As regards District Midnapore, it has been submitted that the Director, School Education primary has already granted his approval in the matter and as such, question of reopening the same does number and cannot arise.
By subsequent orders this sample inspection was limited to panels prepared for the districts of Malda, Cooch Behar, Birbhum, Hooghly, Purulia and Burdwan.
On that petition an interim order was made on September 24, 1992 to the effect that the district authorities should prepare panels in accordance with the order of the Division Bench dated May 10, 1991 after giving an opportunity to all the members of the writ petitions to appear before the Interview Board.
These appeals are directed against the companymon judgment and order dated March 30, 1994 rendered by the Calcutta High Court disposing of a number of Letters Patent Appeals and Writ Petitions.
They further companytended that irregularities of similar magnitude were companymitted in respect of all the districts wherever panels were prepared and appointments given, including the District of Howrah and, therefore, all such panels were required to be quashed and fresh panels prepared in accordance with law, keeping in view the Rules and Circulars relating to the appointment of primary teachers and the earlier Division Bench judgment of the High Court dated May 10, 1991 above.
1 as well as the Direction of School Education Primary , respondent No.
Similar interim orders were issued on other writ petitions filed on behalf of the applicants.
Against the above judgment and order the appellants moved this Court by filing Special Leave Petitions which were disposed of on September 30, 1991 with the following observations and directions There are certain rules which relate to selection of teachers.
Since irregularities in the matter of selection are alleged to have been companymitted in other districts also, we companysider it appropriate that a sample inspection be made with regard to the selections that have been made in rest of the districts other than Midnapure and Howrah.
In respect of remaining 50 of such vacancies, untrained candidates should be companysidered along with trained candidates on some rational and reasonable principle.
The above judgment of the Division Bench is under challenge in these appeals at the instance of the appellants and their grievance is that having found that there were gross irregularities in the preparation of the panels for the District of Midnapur, the Division Bench ought to have quashed the panel and issued directions for preparation of fresh panel instead of recasting only.
After the special leave petitions, out of which the instant appeals arise, were filed this Court passed the following order on February 17, 1995 The matter was companysidered by the High Court specially in the companytext of two districts, namely, Midnapore and Howrah and certain irregularities were found by the High Court in the matter of preparation of panel for these two districts on the basis of reports of Special Officers appointed by the High Court to undertake inspection of examination sheets and the relevant records relating to the selection.
In companypliance with the above direction the learned Advocates numberinated by the District Judges have submitted their respective reports.
An interim injunction retraining the respondents from issuing any appointment letter was also passed.
The President, West Bengal Primary School Council, respondent NO.
8911 12/94 with L.P. C No.14944/94 Special leave granted.
In 1983 two writ petitions were filed in the High Court by the appellants herein on behalf of and at the instance of a large number of applicants seeking appointments as Assistant Teachers in different primary schools of West Bengal, being run and managed by District Primary School Boards Councils within their respective territories.
L.P. C Nos.
Office will amend the cause title of the petition accordingly.
Facts relevant for disposal of the appeals are as under.
They companytended that though they had the requisite educational qualifications and basic trainings for such appointments the Boards Councils were preparing panels and giving appointments to untrained applicants and persons of their own choice in utter disregard of the Rules framed and circulars issued in that behalf.
On a clarification sought of the above order this Court made the following order on April 27, 1992 if the are any panels drawn which are inconsistent with the directions dated May 10, 1991 of the Division Bench of the High Court and if any appointments are made from such inconsistent panels, it will be open for the petitioners to challenge the same before the High Court.
5 be transposed as petitioner No.6.
K. MUKHERJEE, J. A.No.8 of 1994 in S.L.P. C No.14944 of 1994 The application is allowed.
The applicant respondent No.
