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1 - 6 of 6 (0.27 seconds)Manindra Nath Sinha And Ors. vs State Of West Bengal And Ors. on 6 September, 2006
The judgment in the case of Manindra Nath Sinha & Ors. Vs. The State
of West Bengal & Ors. (Supra) has to be analyzed in this way. The West
Bengal Board of Secondary Act, 1963 and the rules framed thereunder did
not provide for appointment of any organising managing committee or
organiser teacher before recognition of the school. They were not being
recognised for the purpose of recognition and regularization. They could be
called the illegally appointed staff of the school. In case of such illegal
appointments the doctrine of promissory estoppels could not help the claim.
The most important part of the judgment is that the claim of the organising
staff that they took part in the organisation of the school was held to be
untenable.
State Of West Bengal And Ors. vs Smritikana Maity And Ors. [Alongwith ... on 14 September, 2007
State of West Bengal & Ors. Vs. Smritikana Maity & Ors. (Supra) laid
down that the managing committee of the recognised part of the school
being the Junior High School (Classes V to VIII) had given appointments to
teaching and non-teaching staff of the unrecognised part of the school
(Classes IX to X). Such appointments were held to be illegal. The doctrine of
legitimate expectation did not apply.
The West Bengal Board Of Secondary Education Act, 1963.
Section 9 in The West Bengal School Service Commission Act, 1997 [Entire Act]
State Of West Bengal & Ors vs Md. Hassan & Ors on 19 June, 2012
Hence, when the organising staff is genuine there is no vacancy in the post
of teaching and non-teaching staff, when the school is recognised, as
understood in the West Bengal School Service Commission Act, 1997. That
is why the Division Bench presided over by Pranab Kumar Chattopadhyay
J. in the case of State of West Bengal & Ors. Vs. Md. Hassan & Ors. , an
unreported judgment delivered on 30th August, 2012 observed as follows:
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