BISWANATH SOMADDER,J. - (1.) Supplementary affidavit filed by the petitioner in Court today be kept on record.
(2.) The petitioner participated in the recruitment process for the post of a Homoeopathic Officer for a Gram Panchayat Level Dispensary situated at Jhilu-I Gram Panchayat under Mongalkote Block in the district of Burdwan and was asked to appear for an interview for his engagement as an 'AYUSH' doctor on 16th December, 2011, at the office of the concerned Block Development Officer. Subsequently, the petitioner came to learn that he was selected on merit as an 'AYUSH' doctor for Jhilu-I Gram Panchayat. Later, however, the petitioner came to learn further that despite being selected on merit, his name would not be forwarded by the concerned Block Development Officer to the higher authorities for ratification and for according approval since he had crossed the upper age limit as prescribed in a Guideline dated 22nd February, 2010, issued by the Chief Executive Officer, West Bengal State Rural Development Agency.
(3.) Relying on a judgment of the Supreme Court in Dr. Rajinder Singh v. State of Punjab and Ors. reported in (2001) 5 SCC 482 , the learned advocate for the petitioner submits that it is the settled proposition of law that no Government Order or Notification or Circular or Guidelines can be a substitute of a Statutory Rule framed under authority of law. He further submits that in the facts of the instant case there is already a statutory 'Scheme' prevailing since 1988, which had been brought into effect by a notification dated 23rd May, 1988, issued by the Department of Health and Family Welfare, Government of West Bengal, in exercise of power conferred by sub-section (3) of section 160, read with section 212, of the West Bengal Panchayat Act, 1973. He also submits that in this statutory 'Scheme' which is still in force, it has been categorically stated that there shall not be any upper age limit in case of recruitment of part-time Homoeopathic doctors for the Gram Panchayats in West Bengal, provided, it is ensured that the selected candidates are physically fit and mentally alert for performing their duties.;