Ashoke Kumar Dasadhikari, J. - (1.) BOTH the writ petitions filed by the writ petitioner being W.P. No. 21805(W) of 2009 and W.P. No. 7029(W) of 2010 were taken up together for disposal since the issues involved in both the writ petitions are same.
(2.) IN the first writ petition, writ petitioner made a prayer for issuing a mandamus declaring sub -rule (1), (2) and (3) of Rule 8 of the West Bengal Primary School Teachers Recruitment Rules, 2001 vide Notification No. 57 -SE (Pry)/1OR -1/91 dated 15th January, 2002 are ultra vires to Articles 14 and 16 of the Constitution of India since it takes away the fundamental rights of the petitioner as stipulated under those two Articles. Further prayer was made for issuance of a writ in the nature of Mandamus commanding the respondent no. 4 i.e. the Employment Officer, District Employment Exchange, Kakdwip, South 24 Parganas, to sponsor the name of the writ petitioner to the South 24 Parganas District Primary School Council for the purpose of selection of assistant teacher in primary school under the said District Primary School Council along with other candidates to appear in the selection process to be held on 20th December 2009.
(3.) IT was also prayed that a writ in the nature of Mandamus to be issued commanding respondent authorities to arrange for a wide publication and/or advertisement for the post in question and to invite applications from amongst eligible candidates along with the petitioner.;