P.D. Desai, J. - (1.) The appellant is taken up for hearing by treating It as included in the day's cause list. The appellant is the Writ Petitioner. It appears that in August, 1980 he was appointed as a temporary part time office employee in the respondent school. On January 5, 1987 the West Bengal Board of Secondary Education sanctioned a Class -IV post for the establishment of the school. Pursuant thereto names of eligible candidates appear to have been called for from the Employment Exchange. The appellant was one of the candidates sponsored by the Employment Exchange. On September 6, 1987 an interview was held by the selection committee and in the panel which was prepared consisting of three candidates he was placed in the first position. Be it stated at this stage that the appellant has passed the Higher Secondary Examination and having continued to serve the school as part time office employee since 1980 he has also acquired experience in office work. The panel prepared by the selection committee was approved by Managing Committee on September 9, 1987. The panel was thereafter forwarded to the District Inspector of Schools (S. E.), Burdwan (Respondent No. 2) but the panel did not receive the approval of the said respondent on the ground that the appellant was above 35 years of age and as such not eligible to be appointed in a Class - -IV post. This decision was communicated by the second respondent to the Secretary of the respondent school on November 19, 1987. The Managing Committee of the school passed a resolution on November 22, 1987 to the effect that in view of the high qualification and experience of the appellant a relaxation was required to be made in the condition prescribing the maximum age of recruitment in his case and that he should be offered the appointment in the Class -IV post. Upon a reference made to the second respondent on December 1, 1987, in light of the aforesaid decision of the Managing Committee the said respondent informed the Secretary of the School on January 21, 1988 that the panel could not still be approved in view of the fact that the appellant was over -age.
(2.) The Employment Officer, S. R. E. E., Asansol was meanwhile approached by the Secretary of the respondent school and he wrote back saying that as per Government of West Bengal Education Directorate Memo No. 2544 (750) dated June 20, 1981 age relaxation is permissible in the case of a candidate who is highly qualified and experienced and that in view of the qualification and experience of the appellant, relaxation in age was required to be made in his case.
(3.) The matter appears to have been ultimately referred to the Director of School Education, West Bengal, who informed the second respondent by his Memo dated February 15, 1989 that "Higher Secondary Passed" should not be considered higher qualification in the post of Class -IV staff and as such no relaxation could be made in the case of the appellant.;