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iii) 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 Rule before publication of advertisement for the vacant post under the old Rules ?"

14. Subsequent thereto, a judgment was delivered by another learned Single Judge in a writ petition being WP 23303 (W) of 2010 on 3rd November, 2014 framing the following issue to be referred to a Larger Bench:

22. In the Special Leave Petition preferred by the State of West Bengal against the judgment delivered by the Division Bench in the case of Nirjharini Sarkar Balika Vidyalaya (HS) (supra) on 5th October, 2012, the Hon'ble Supreme Court specifically observed that no vested right accrues in favour of the candidate merely by initiation of a selection process. Lest there be any confusion, we would like to make it clear that the management of a school has no valid subsisting right to claim that the vacancies, having arisen before the Amendment Act of 2008 came into existence, ought to be filled up in accordance with the 2005 Rules. The grant of prior permission does not confer any vested right in the management to complete the selection process by following the rules existing as on the date of the creation of such vacancy notwithstanding any change in the selection rule before publication of advertisement of the vacant post under the old rules. Accordingly, the third issue is also answered in the negative.

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 (hereafter 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.