- (1.) Heard the learned Advocates appearing for the parties,
(2.) In the instant case, it is the grievance of the petitioner that the private respondent No. 5 being a member of the Scheduled Caste Community got an undue advantage of age relaxation, who admittedly crossed the age of 37 years at the time of interview whereby and whereunder he was selected and empanelled as a first candidate of the panel in the concerned unreserved vacancy. The only question which to be considered as to whether a Scheduled Caste candidate if appears in an unreserved vacancy whether would be entitled to age relaxation benefit interims of the direction issued by the Director of School Education, West Bengal under Memo No. 1736(21) G.A. Dated, Calcutta, the 1st November, 1999 read with the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vancancies in Services and Posts) Act, 1976. The concerned vacancy is under Group 'D' post and under an unreserved category as per reserved in post. The memo dated 1st November, 1999 being the direction of the Director of School Education so far as the age bar is concerned reads thus :- "4(d) No person shall be selected for appointment unless he/she is a Citizen of India and 18 years of age or above. The maximum age limit for appointment in Aided Institution is 37 years and is relaxable in case of S.C./S.T/O.B.C. candidates as per existing Government Orders".
(3.) Under the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976. (hereinafter referred to for brevity as S.C./S.T. Act, 1976). Under Clause (c) provision has been made for grant of concession of five years to the members of Scheduled Caste and Scheduled Tribe Community. Over the prescribed maximum age limit for appointment in services or posts, Clause 4(c) reads thus :- "The members of the Scheduled Castes and the Scheduled Tribes shall be entitled to a concession of five years over the prescribed maximum age limit for appointment to any service or post".;