Jayanta Kumar Biswas, J. - (1.) The writ petitioner is aggrieved by the fact that since her name has not been sponsored by the employment exchange, she is unable to participate in the selection process which has been initiated by the institute (represended by the fifth, sixth and seventh respondents) for appointing a member of the non-teaching staff.
(2.) There is no dispute that the recruitment process initiated by the institute is governed by the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 framed under the West Bengal Schools (Control of Expenditure) Act, 2005. Provisions in r. 8(5) of those rules are as follows : "(5)(a) On receipt of the sanction from the District Inspector of Schools, the school authority shall make a requisition to the employment exchange for sponsoring within forty-five days, names of the candidates. (b) In case of receipt of a non-availability certificate from the employment exchange, the school authority shall, under intimation to the District Inspector of Schools, make an advertisement with complete postal address of the school and other relevant particulars in a daily newspaper having circulation throughout the State." The admitted position is that on receipt of sanction from the district inspector of schools the institute authority made the requisition to the employment exchanges for sponsoring names of eligibly candidates for the post in question, and that name of the petitioner was not sponsored by any exchange, though she had registered her name quite a long ago.
(3.) Counsel argues that notwithstanding the provisions in r. 8 (5) of the statutory recruitment rules, in view of the two apex court decisions in Excise Superintendent, Malkapatnam v. K.B.N. Visweshwara Rao & Ors., (1996) 6 SCC 216 and Raj. Kumar & Ors. v. Shakti Raj & Ors., (1997) 9 SCC 527, the institute, in addition to making requisition to the exchanges, was under the obligation to publish employment notice inviting applications from all eligible candidates. The rules, and particularly provisions in r. 8(5), are not under challenge.;