- (1.) THE Judgment of the Court was as follows : THE writ petitioner is one hundred percent visually impaired and with such disability he passed the Madhyamik Examination in the year 1988, obtaining a total of 438 marks and securing a second division. Opting to integrate himself into the mainstream society, he took the opportunity to respond to a public advertisement for filling-up of posts of assistant primary teachers, through a recruitment process initiated by the District Primary School Council, Paschim Midnapore. He did so by duly filling-up the prescribed application form and declaring himself to be a physically challenged candidate. Consequently, the petitioner received his admit card for appearing in a written examination which was a part of the recruitment process and was even allowed to get the help of an amanuensis to complete the said examination. THE writ petitioner obtained sixteen marks out of a total of thirty marks in the said written examination and was thereafter asked to appear before the interview board. He duly appeared before the interview board and was successfully empanelled on merit of his performance.
(2.) A draft panel was, thereafter, prepared by the District Primary School Council, Paschim Midnapore. However, before the draft panel was sent for approval to the office of the Director of School Education, Government of West Bengal, a representative from that office visited the office of the District Primary School Council, Paschim Midnapore and instructed its Chairman to strike out the name of the writ petitioner, citing a memo, bearing No. 1154/Com dated 29th November, 2006, issued by one S. Gupta, Commissioner (Disabilities) West Bengal, a copy whereof may be kept on record. The issue that now comes up for consideration is whether the above memo can operate as an embargo and/or fetter and stand in the way of the writ petitioner - who is, admittedly, one hundred percent visually impaired - from being considered as a suitable candidate for filling-up of the vacant post of an assistant primary school teacher, after being successful in the recruitment process. For convenience, the said memo dated 29th November, 2006, is reproduced in its entirety hereinbelow :-
(3.) BEFORE this Court goes into the question of applicability of the above memo in the facts and circumstances of the instant case, it is perhaps necessary to advert to the public advertisement on the strength of which the writ petitioner participated in the recruitment process initiated by the District Primary School Council, Paschim Midnapore. In the public advertisement published in various leading newspapers, including, 'The Statesman' on 30th August, 2009, it was categorically stated, inter alia, as follows :- "1. No of vacancies : Genl.-2168, SC-774, ST-206, OBC-310, EC- 1116, Ex-Serviceman-279,PC-167. 4. Age: Not less than 18 years and less than 40 years as on 01/01/ 2009 ...................................................................................... Upper age limit is relaxable by 5 years for SC and ST candidates of West Bengal, 3 years for OBC candidates of West Bengal and upto 45 years for Physically Challenged (PC) persons with physical disability of 40% and above...........................";