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TMI Blog1982 (2) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... tation of teachers of Primary Schools for undergoing training in the Junior Basic Training Institute. But they were no appointed in the permanent vacancies in the posts of primary teachers. It is not disputed that the respondents-writ petitioners had been working in deputation vacancies from time to time since 1973 or 1974. The Director of Public Instructions, West Bengal, by his memo. No. 6932(67) dated December 19, 1974 issued the following circular :- Government of West Bengal. Education Directorate : Primary Branch. Memo no. 6923 (67) From: D. P. I. West Bengal. To : District Inspector of Schools (pry. Edn.) Sub:- Instruction regarding Appointment of teachers serving in Deputation Vacancies. The undersigned has to inform him that approved empanelled candidates appointed in deputation vacancies by the Dist. School Board may be absorbed in permanent posts during their service or within one year of expiry of the deputation term even if the validity of the panel where their names occur expires or a fresh panel is prepared in the meantime. S. N. Das. For D.P.I. West Bengal. 3. The said circular dated December 19, 1974 was, from time to time. Suspended a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed by the learned Judge that the appellants should consider and absorb the respondents-writ petitioners in the permanent vacancies in the Primary Schools under the District School Board, such appointments should be made in the posts, which had been directed to be kept vacant by the interim order passed by the learned Judge, within a period of four weeks from the date of the judgment of the learned Judge. It was further directed that the appointments should be given in schools nearer to the residence of the respondents-writ petitioners as far as possible. Hence, these appeals by the District School Board of Nadia. 6. It has been stated already that the facts and most of the points involved in these appeals are the same as in F. M.A.T. No. 1380 of 1981 and F. M. A. T. No. 1499 of 1981. The subject matter of those appeals also was the validity of the impugned order dated November 3, 1978. On behalf of the District School Board of Hooghly Mr. Arun Prakash Chatterjee, learned Senior Standing Counsel had advanced several contentions in one of those appeals. The said contentions were, however, overruled by the Court in the said Judgment dated January 11, 1982. The learned Senior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... single application under Article 226 of the Constitution. Further, the learned Judge observed that if, however, it was permissible for the said persons to join in one application, the application was not maintainable at least with regard to four applicants who had made applications under section 18 of the Lad Acquisition Act, inasmuch as they had chosen to avail themselves of an alternative remedy granted to them under the law. It was held that as the case of the said four applicants failed, the joint application must necessarily fail. On that technical ground the writ petition was dismissed. 8. It may be pointed out that tin holding that a joint writ petition was not maintainable, Sinha, J. did not consider the provision of order 1 Rule 1 of the Code of Civil Procedure, which was admittedly applicable to writ proceedings. If the right to relief of more than one person arises out of an act or transaction or series of acts or transactions involving common questions of law and fact such persons may join in one application. The Code of Civil procedure does not contain any provision providing for the dismissal of a suit or proceeding on the ground that it has failed in respect of o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Sir Ashutosh Mookher-in Bechu Singh v. Becharam Sahu 10. CLJ 91. : The Court has, where the circumstances require it, an inherent power to do that justice for the administration of which it alone exists...............Where the Legislature has provided no procedure to be followed in cases which must and do arise, the Courts must be taken to have inherent power to decide the question of procedure, and, if necessary, to invent a procedure for themselves. It is not to be supposed that a Court in the administration of justice will refuse an application, which on the merits it ought to grant, simply because the applicant asks the Court to exercise its admitted powers under a wrong section. Judicial procedure has been framed for the furtherance of justice and not to defeat it and the court cannot refuse to act in aid of justice on merely technical grounds, 11. It in a particular case, it appears to the Court that justice demands that the writ petition should be dismissed, it will do so. But the Court should not dismiss the writ petition on the ground that one of the joint writ petitioners is disentitled to relief if the Court considers that the remaining writ petitioners s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in a separate list two days after the preparation of the first list, it would be treated as an additional panel. We are unable to accept this contention. Merely because the names of candidates were included in two lists cannot, in our opinion, be considered to constitute two panels-one original and the other additional. 14. In this connection, we may refer to Rules, 3A and 3B as it stood in 1973. Rules 3A and 3B are as follows :- 3A. No name shall be forwarded by the Director of Public Instruction, West Bengal, for appointment under a Board unless it has been included in the panel of qualified teachers prepared for the district after adequate publicity and in the manner provided in rule 3B. 3B. (1) The Director of Public Instruction, West Bengal may with the approval of the State Government, set up a selection Committee in each district to assist him in selecting suitable persons from amongst the candidates for inclusion in the panel of qualified teachers for the district. (2) The selection Committee may hold such tests including interviews as they may deem proper. It is open to selection Committee to call only those amongst the candidates, they may consider suitable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified teachers for the District. The panel will be prepared by the Director of Public Instructions. In the absence of any proof or even any allegation of malafide or bias on the part of the Director of Public Instruction, we are of the view that the District School Board cannot challenge the validity of the panel prepared by the Director of Public Instructions Apart from that, there is nothing on record to show that the Advisory Committee had not selected the 199 candidates including the respondents writ petitioners for inclusion in the panel. The learned senior Standing Counsel has drawn our attention from the records of the District School Board, Nadia, to the proceeding of the meeting of the Advisory Committee held on July 12, 1973. He has particularly referred to paragraph 7 of the proceedings. 17. It is true that in paragraph 7, a resolution was recorded to the effect that the total number of the empanelled candidates of different circles should not exceed the number as noted against the names of each circle. The total number as mentioned against the names of each circle comes to 2032. It is, accordingly, submitted that the Advisory Committee did not select the 199 candidat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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