Calcutta High Court (Appellete Side)
Serampore vs The State Of West Bengal & Ors on 3 September, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
W.P. No.7642 (W) of 2009
Secretary, Chatra Nandalal Institution (For Girls')
Serampore, Hooghly
v.
The State of West Bengal & Ors.
03.09.18
SL-93
Mr. Shyamal Kumar Das
Ct-13
(S.R.) Ms. Smita Pal ... for the petitioner.
Mr. Arindam Chatterjee
Mr. Arun Kr. Saha ... for the State.
A school seeks a direction upon the State to permit
it to fill up two vacancies of non-teaching staff.
Learned advocate for the petitioner submits that,
the vacancy arose prior to the amendment of the West
Bengal School Service Commission Act. Therefore, the
school is entitled to undertake the selection process. In
support of such contention, he relies upon (1998) 9 SCC
223 (B.L. Gupta & Anr. v. M.C.D.).
Learned advocate for the State submits that, the
issue as to what law will govern the selection process after
the West Bengal School Service (Amendment) Act, 2008,
was considered by the Supreme Court in Civil Appeal
No.20083 of 2017 (State of West Bengal & Ors. v. The
Managing Committee, Nirjharini S.B. Vidyalaya (H.S.)
2
Etc.). He submits that, in view of Nirjharini S.B.
Vidyalaya (H.S.) Etc. (supra) no relief can be granted to
the petitioner.
Admittedly, the vacancy arouse before the Act of
2008 coming into force. In B.L. Gupta & Anr. (supra), the
Supreme Court held that, the determination of seniority
has to be done on the basis of the vacancies that had
arisen. It did not deal with a selection process. The issue
of the effect of the Amendment Act of 2008, on a pending
selection process by a school managing committee was
considered in Nirjharini S.B. Vidyalaya (H.S.) Etc. (supra)
where it is held that, no vested rights arise in favour of
the candidates merely by the initiation of the selection
process. It goes on to say that, the new scheme can be
applied to the selection process.
In such circumstances, the school and the
respondents are at liberty to act, in accordance with law
to fill up the vacancies that have arisen. It is clarified that, the vacancies arising before the Amendment Act, 2008 will be filled up by the process established by the Amendment Act of 2008 as expeditiously as possible. 3
W.P. No.7642 (W) of 2009 is disposed of. There shall be no order as to costs.
Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)