Harish Tandon, J. - (1.) A short but an interesting point is involved in this writ application as to whether the selection process commences on notifying the number of vacancies by the District Primary School Council to the Employment Exchange or it commences when the District Employment Exchange sent the names of the sponsored candidate or when the District Primary School Council asked for submission of bio -data and testimonials from the sponsored candidates or when the written test/interview is conducted.
(2.) BEFORE adverting to the question so formulated above, it is necessary to state the brief facts. The petitioners duly registered their candidatures in the office of the concerned Employment Exchanges. The petitioners have undergone Junior Basic Training course and have been awarded the certificates. The District Primary School Council notified the number of vacancies to the Employment Exchange and the Employment Exchange sponsored the candidates wherein the name of petitioners were also included. In the month of April 2002 the District Primary School Council called the petitioners and other sponsored candidates to submit their bio -data, certificates and testimonials. After the scrutiny of the documents, the petitioners appeared in the written test but were not empanelled. The petitioners challenged such action on a very short but an interesting point that the selection process which was conducted under the Recruitment Rules of 1991 should have been conducted under the Recruitment Rules of 2001.
(3.) MR . Partha Sarathi Deb Barman, learned Advocate appearing for the petitioner submits that the writ petitioners were called for submission of their bio -data, certificates and testimonials in the month of April 2002. He further submits that on 15th January 2002 the Recruitment Rules of 2001 was promulgated and given effect to. According to him the selection process should have been conducted under the Recruitment Rules of 2001 and not taking recourse to the Recruitment Rules of 1991.;