Amitava Lala, J. - (1.) In the first contempt application, there was originally one contemner, Sri Arun Kumar Roy, Director of Primary Education (Primary Education). West Bengal and subsequently another contemner was impleaded, Sri Sakti Das Mukherjee, Chairman, Dist. Primary School Council, Jalpaiguri. The said contempt application has arisen out of a final order passed in W.P. No. 19242(W) of 1999 on 27 -4 -2000. The writ petition was disposed of upon observing the resolution as taken by the Chairman, Ad -hoc Committee, Dist. Primary School Council, Jalpaiguri, which is as follows: After hearing, the Hon'ble High Court was pleased to pass identical orders in several cases to consider the petitioners' candidature in accordance with recruitment rules along with other eligible candidates for future vacancies. It may be noted here that the Council has notified 1917 posts for appointment of primary teachers and process of recruitment has been going on and the Council as directed by the Hon'ble Court is considering the case of the petitioners along with other candidates as per law. These group of the petitioners agitating to consider their cases separately as their cases have been considered not on the sponsoring of the Employment Exchanges but on the order of the Hon'ble High Court. They also demanded to consider their cases separately beyond notified vacancies. In this connection Council in its meeting dated 5 -5 -99 took a resolution to act as per opinion of the Ld. Govt. Pleader, Jalpaiguri. The opinion of the said Ld. Govt. Pleader dated 17 -5 -99 is enclosed for your kind perusal.
(2.) The learned Government Pleader has opined in favour of the petitioners ultimately by saying, inter alia, as follows: After careful consideration of the pros and cons of the matter, I am of the considered view that there is no legal impediment in so far as the correct desire to make out a proposal for absorption of the writ petitioners of High Court cases in the enhanced vacancies generally determined by the Council in its meeting if the appointments are given as per rules. But the proposal when mooted, before it is acted upon, must got prior approval of the Court.
(3.) Upon considering the submissions as made by the parties in the facts and circumstances of the case as well as a question of law, this court was pleased to direct the Director of School Education, West Bengal, to finalise the appointment or regularisation of service in accordance with law within a period of four weeks from the date of communication of the order and the same is required for balance of convenience. This court was further pleased to direct that since the petitioners were interviewed long back, in such case the age bar will be condoned by following the principle as laid down by the Supreme Court on various cases including the case of Keshab Narayan Gupta & Ors. vs. Jila Parishad Shivpuri (M.P.) & Anr. reported in : 1998(9) SCC 78. It was further directed that at the time of consideration of filling up the vacancies a priority should be given in respect of the candidates under the writ petition.;