- (1.) In this writ petition, the petitioner has prayed for issuance of mandamus directing the respondents to issue an appointment letter to the writ petitioner after condoning the age bar in compliance of the order dated 20.11.1998 passed by G.R. Bhattacherjee, J in WP no. 10802 (w) of 1998.
(2.) The case of the petitioner is that he appeared for the interview held for the appointment of the assistant teacher by the Howrah District Primary School Council and was empanelled under serial no. 1483 after obtaining 34 marks. In spite of being empanelled, the appointment letter was not issued and the petitioner filed a writ petition being WP no. 10802 (w) of 1998 before this court praying for a direction upon the respondent authorities to absorb the petitioner as assistant teacher of the primary school. The said writ application was disposed of with a direction upon the concerned authorities to consider the case of the petitioner along with other candidates according to the recruitment rules in case of any future vacancy. On the basis of the said order, several representations were made by the writ petitioner praying for his absorption as assistant teacher in terms of the order of this court passed in WP no. 10802 (w) of 1998. The aforesaid representations were disposed of by the Director of the School Education, West Bengal holding that the petitioner may be allowed to apply for the post of the assistant teacher in future vacancy. Lastly, the writ petitioner submitted his candidature in the selection process initiated in the year 2002. The writ petitioner has moved this writ application praying for his absorption as a primary teacher in terms of an order of this court passed on 20.11.1998 in WP no. 10802 (w) of 1998.
(3.) The respondents were directed to file the affidavit-in-opposition. Only the respondent no. 2 filed affidavit-in-opposition and it has been specifically contended that although the petitioners were allowed to submit their bio-data and testimonials but they were not called for the written test as they were over-aged and an embargo is created under the Recruitment Rules of 1991.;