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If the panel is approved, the school authority will be at liberty to give appointment to the first empanelled candidate of the approved panel.

The time limit so fixed above, is peremptory and mandatory.

This writ application is disposed of without any order as to costs with the above observations."

4. This order was communicated by the learned Advocate of Tapan Kumar Gangopadhyay who is respondent No. 7 herein in this writ petition to the Teacher-in-Charge of the school and the Secretary of the school on 24th September, 1997 by the forwarding letter dated 23rd September. 1997. The Selection Committee, however, completed the selection process by holding interview on 25th September, 1997 and empanelled the present petitioner as a first candidate of the panel. The Selection Committee by its Resolution dated 25th September. 1997 completed the selection process, a copy of such resolution is annexed at page 31 of the writ application wherein the present writ petitioner was shown as first empanelled candidate, in the Selection Committee the four members of the Selection Committee were present including the Secretary of the Managing Committee. The present writ petitioner challenged the said order of N.K. Mitra, J. (as His Lordship then was) dated 23rd September, 1997 in M.A.T. 4214/97. By the judgment and order dated 28th January, 1998 the appeal was disposed of by the Division Bench comprising of S.B. Sinha, J. (as His Lordship then was) and Ranojit Kumar Mitra, J. The Judgment of the Division Bench dated 28th January. 1998 is quoted in extenso :-

7. Now so far as the second point is concerned namely, impact of the order dated 23rd September, 1997 passed by N.K. Mltra, J. (as His Lordship then was) upon the interview as held on 25th September, 1997 and the panel as prepared in such interview to be considered. From the writ application of W.P. No. 26114(W) of 1997 filed by Tapan Kumar Gangopadhyay respondent No. 7 challenging the prior permission order of the District Inspector of Schools concerned issued under memo No. 737 dated 22nd August, 1996 whereby the post was declared as reserved for scheduled caste category being the first post of hundred point roaster, it appears that the selection process was not challenged by making the Selection Committee as party in the said writ proceeding. The prior permission order in terms of the Recruitment Rules only specified category of vacancy, the qualification of the post and also the mode of appointment. After the prior permission order was issued, the school authority exhausted the endre process inviting the names from the Employment Exchange on sending requisition in terms of the Rule applicable in the field regarding notification of the vacancy to the Employment Exchange and also by advertisement of the post in the daily Newspaper. The Managing Committee of the school in the meeting constituted a Selection Committee for such purpose and as soon as the Selection Committee was constituted the entire selection process vested in the hands of Selection Committee and the Managing Committee had nothing to say in the said matter. After the selection when the Selection Committee refers the panel to the Managing Committee, the Managing Committee again gets its power for subsequent action of referring the same to the District Inspector of Schools concerned for necessary approval. Hence, in terms of the Recruitment Rules issued by the Director of School Education, West Bengal which is binding to the School Authority, the Selection Committee was bound to complete the selection process.

11. In that view of the matter, the selection of the petitioner in the interview held on 25th September, 1997 cannot be said as a decision which is required to be nullified by this Court in view of the order dated 23rd September, 1997 passed by N.K. Mitra, J. (as His Lordship then was). Hence, it is held by this Court that the Selection Committee had the Jurisdiction and power to complete the Selection process as there was no embargo to complete such and the selection process as was completed by preparing a panel was legal and valid, Further from the documents it appears that the Managing Committee of the school has already referred the panel by its memo dated 25th September, 1997, to the District Inspector of Schools concerned for necessary approval and the matter is awaiting for approval before the said authority.

12. Hence, in view of my findings in respect of the points as urged, it is held once again that the post of the Headmaster being within the teaching category would attract the hundred point roaster Rules regarding reservation of the post and the impugned order passed by the District Inspector of Schools concerned dated 7th October, 1997 in this writ application is accordingly set aside and quashed and as a resultant effect the Memo No. 737 dated 22nd August, 1996 whereby prior permission was accorded reserving the post for schedule caste candidates is being declared as legal and valid. Since the Court has already held that the selection process was rightly completed, there would be no embargo now for according approval of panel by the District Inspector of Schools concerned. Since, prior to coming into force of the School Service Commission Act and the procedure for selection in terms of the said Act, the Selection process was completed by forming a panel in the interview held on 25th September, 1997, the School Service Commission is not a necessary party in this proceeding. The New Act namely. School Service Commission Act and the Rules thereto have no applicability so far as the present case is concerned. In the instant case, the selection process was completed by the Selection Committee on 25th September, 1997. When the School Service Commission Act did not see the light of the day at that time. Hence, it is declared that the selection as made by holding interview on 25th September, 1997 by the Selection Committee following the Recruitment Rules issued by the Director of School Education, West Bengal was legal and valid.