J. Bhattacharya, J. - (1.) Admittedly, the Petitioner was appointed as a Clerk in Budhia High Madrasah on temporary basis in a sanctioned post on 3rd December, 2001 without following the recruitment guidelines which was in force at the relevant time. Fact remains that the Petitioner has been rendering his service in the said school continuously since the date of his appointment with a very nominal remuneration. With the increase of the students' strength in the said school from time to time, additional post of Clerk was created. But the school authority did not take any step to fill up the said post by following the Recruitment Rules of 2005 which was in force when such additional post was created.
(2.) As a result, though the Petitioner possessed all the requisite eligibilities for the said post under the Recruitment Rules of 2005, but he did not get any opportunity to offer his candidature for his appointment on permanent basis.
(3.) Subsequently, a new Recruitment Rules, 2009 came into operation with effect from 9th July, 2009. With the enforcement of the said Rules, now all vacancies in the post of non -teaching staff in the Government Aided school are required to be filled up through the selection process to be conducted by this School Service Commission. As such, though the Petitioner rendered his service for such a long period since 9th September, 2002 continuously till date but still then no extra weight age will be given to the Petitioner for his past service in the said school. The Petitioner has already crossed the prescribed age limit and as such the Petitioner even cannot participate in the selection process for the said post under the Recruitment Rules of 2009.;