J. Bhattacharya, J. - (1.) THE appellant/writ petitioner filed a writ petition challenging the constitutional validity of Rule 8 of the Recruitment Rules, 2001 in pursuance whereof the concerned District Primary School Council had initiated a process for recruitment of primary teachers in schools under its jurisdiction in 2006.
(2.) ADMITTEDLY , the appellant/writ petitioner was not sponsored by the employment exchange. Since he was not sponsored by the employment exchange, he was not called upon by the Council to participate in the selection process in connection wherewith written examination was scheduled to be conducted on 28th December, 2009. By virtue of an interim order passed by Learned Single Judge of this Court on 14th December, 2009; the Court directed the Council to allow the petitioner to participate in the written examination without prejudice to its rights and contentions. Accordingly, the petitioner was allowed to participate in the written examination, but ultimately he was excluded from the zone of consideration as the writ petition was ultimately decided against the appellant/petitioner. The Learned Trial Judge ultimately dismissed the writ petition on 28th January, 2010 by holding inter alia that the Recruitment Rules, 2001 did not permit the Council to consider the candidature of any candidate, not sponsored by the employment exchange, and since the petitioner's name was not so sponsored, the Council suo motu could not have issued call letter in his favour to participate in the written examination. This conclusion was drawn by the Learned Single Judge of this Court by relying upon a Division Bench decision of this Hon'ble Court, reported in : 2008(3) CLT 205 (HC) (Tanmoy Ramaya Lahiri & Ors. -vs. - The State of West Bengal & Ors.) where Rule 8 has been found to be logical and rational.
(3.) THE legality and propriety of the said decision of the Learned Single Judge of this Court passed on 28th January, 2010 in W.P. No. 22118(W) of 2009 is under challenge in this mandamus appeal.;