M.Majumdar, J. - (1.) The short point involved in this application is as to whether the appointment of the petitioner can be approved or not. It is the admitted position that the petitioner has been working as an Assistant teacher in Islamganj High School. P.O. Bangaljhi, District Nadia since the year 1981. Copy of the application was duly served upon the West Bengal Madrasa Education Board but no one is present on behalf of the respondent No. 1 except Mr. Rabilal Maitra, learned Advocate appearing for the Headmaster of the School. Mr. Maitra appearing for the Headmaster of the school submitted that the petitioner has been serving in the Islamganj High School with effect from 1981, on the basis of a letter of appointment issued by the Secretary of the said School. An additional post was sanctioned in favour of the said School but the same was reserved for scheduled caste candidates.
(2.) This cast is a wholly sensitive one. The petitioner working in the School for about a decade has been denied the benefit of regularisation of service. Technicalities in my view should not be bar to approval of the cast of the petitioner for the sole reason. The petitioner has been discharging the function as Assistant Teacher and the period is too long. In those circumstances, the Court may invoke the fundamentals of economic justice and the same should be applied in the cast of the petitioner. Article 39 and its sub-articles constitute a complete code of economic justice, Article 39 which is on engrafted in the directive principles under Part-IV of the Constitution is to TV read in the context of the decision of the Supreme court right from Randhir Singh's case reported in AIR 1982 SC 879 and also the decision of the Supreme Court in the case of Ram Chandra Iyer v. Union of India, reported in AIR 1983 SC 531, Economic Justice is a part of the preamble of the constitution and the preamble Part III and IV are to be read together so 3s to achieve harmonious construction of the constitutional scheme and provisions. The Court cannot otherwise ignore the hard reality that a person serving in any institution for about a decade should not be fastened with the procedural angles. It is a fit case where the West Bengal Madrasa Education Board should treat the petitioner as an Assistant Teacher by passing necessary orders. The post reserved for scheduled caste candidate is to be examined in the light of the essentials of protective discrimination which ensures equality. Such appointment to the post reserved for scheduled caste candidates in a given situation can be lawfully regularised so as to accommodate a teacher serving in an institution for about a decade. It is also to be taken into account that the petitioner at this age may not get employment elsewhere. At the time when the petitioner joined in the said institution as teacher, he was within the age limit. If the court otherwise refuses to grant protection to the petitioner on the ground of age that would parniciously engulf the petitioner by despair, distress and darkness. The court is not prepared to do so. The overage of the petitioner should be condoned taking into view the period of service rendered by the petitioner during all these years.
(3.) Considering the facts and circumstances of the case as also the basic and fundamental grievances of the petitioner are detailed above, I dispose of the writ application and direct the West Bengal Madrasa Education Board to determine the grievances of the petitioner in the light of the findings reached by this court within a period of eight weeks from the date of communication of this order. In the meantime service of the petitioner shall not be affected either by appointment or by the decision adverse to the right of the petitioner. Be it recorded that it is also an instance of non appearance of the State respondents. Everyday the court is required to record that the State respondents do not give any assistance to the court for the purpose of disposal of the writ matters though the case dockets increase everyday. Application disposed of of.;