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Showing contexts for: selection process completed in Arnab Roy vs The State Of West Bengal & Ors on 16 November, 2023Matching Fragments
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46. It is in such perspective that I read and understand the decision in Nirjharini S.B. Vidyalaya (supra) to negate any attempt of the Petitioners herein to have the process of selection completed in terms of the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 and not in accordance with the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-Teaching Staff) Rules, 2009 (hereinafter referred to as the '2009 Rules'), particularly when prior to enforcement thereof no advertisement inviting applications was issued by any of the Managing Committees of the concerned schools and hence it had no applications before it from any candidate.
C. Question No. 3: Whether grant of prior permission alone can create any vested right in the Management to complete the selection process by following the Rules existed as on the date of creation of such vacancy notwithstanding a change was introduced in the selection Rules before publication of advertisement for the vacant post under the old Rules?"
Answer: Following the principles laid down in the case of Nirjharini Sarkar Balika Vidyalaya (supra) it is clear that grant of prior permission to the management does not confer any vested right in the management to complete the selection process by following the earlier Rules upon legislative change in the selection Rules before publication of advertisement for the vacant post under the old Rules. Ergo, this issue is also answered in the negative.