P.K.Ray, J. - (1.) In the writ application, the petitioner has prayed the following reliefs : (a) A writ in the nature of Mandamus commanding the respondents to recall, rescind, cancel or withdraw the impugned order being annexure 'K' to this petition in so far as the denial of approval to the appointment of the ward of the petitioner and to forbear from giving effect to the same; (b) A writ in the nature of Certiorari directing the respondents to produce the records of the case in this Hon'ble Court so that on perusal of the same conscionable justice may be administered by quashing and/or setting aside the impugned order being annexure 'K' to this petition in so far as the denial of opportunity of approval to the appointment of the ward of the petitioner is concerned or to give any other direction as may be seemed fit and proper.
(2.) By the impugned order in this writ application, which is nothing but a communication by the chairman, Ad-hoc Committee, Midnapore District Primary School Council communicating the decision of the director of school Education, West Bengal, whereby vide his Memo No. 397SC/P dated 12th March, 1997 rejected the approval of appointment of ward of the petitioner only on the ground that the petitioner was declared unfit after 58 years of age. The fact leading to the writ application in brief as follows:-
(3.) The petitioner while working in the post of Assistant Teacher of the concerned Primary School due to an accident became permanently disabled and/or incapacitated with effect from 3rd August, 1993 when she was aged about 56 years and 11 months. The petitioner's case was referred to for examination by the Medical Board for necessary declaration that the petitioner became incapacitated to continue in service. The Medical Board for consideration of the matter examined the petitioner thrice on diverse dates during the periods 1995-96 and ultimately by their decision dated 26th July, 1996 declared the petitioner unfit to work further. From the medical report it appears that cause and/or disease which prompted the Medical Board to declare the petitioner as incapacitated to work remains the same when the petitioner filed an application for such declaration due to the accident as happened when admittedly the petitioner was below 58 years of age. In the impugned order the Director of School Education relied upon a notification No. 768-Edn. (P) dated 22nd September, 1991, to reject the prayer of the petitioner by holding that since the petitioner admittedly crossed 58 years of age when medical board declared him unfit to work, there was no provision to accord approval of appointment of the ward of the petitioner . The relevant Rule being Rule 14(b) in terms of the said Notification reads as follows :- 14. Appointment on compassionate ground - The council may appoint primary teachers with the approval of the Director on compassionate ground in the following cases where in the opinion of the council, the cases deserve compassionate consideration : - (b) when a primary teacher is declared permanently incapacitated by the competent medical board set up according to the procedure laid down in the Government order and he has been allowed to retire at least two years before he attains the age of superannuation and his family is in extreme economic hardship after such retirement, (1) the unemployed wife, or (2) the unemployed son, or (3) the unemployed unmarried daughter, of the incapacitated and prematurely retired primary teacher possessing the required Educational qualifications as laid down in sub-rules (a) and (b) of rule 6 and found eligible to teach, may make within two years from the date of such retirement, a prayer in writing to the Council for appointment as Primary teacher on compassionate ground; Provided that only one member of the family of the incapacitated and prematurely retired primary teacher possessing the required educational qualifications and found eligible to teach, may be appointed on compassionate ground.;