Jayanta Kumar Biswas, J. - (1.) The petitioner is challenging the vires of r. 8(5)(a) of the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005. His case is that rule offends the provisions in section 3(1)(d) of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 and arts. 14 and 16 of the constitution.
(2.) Dealing with identical questions, I have delivered judgment dated July 18th, 2006 in W.P. No. 16785 (W) of 2006 Smt. Smritikana Roy (Halder) v. State of West Bengal & Ors. In that case I held that provisions in r. 8 (5)(a) do not offend any provisions of the 1959 Act or the provisions in arts. 14 and 16 of the constitution.
(3.) Counsel argues that in the recruitment rules regarding panchayet service the state Government has made provisions for advertising the employment notice, and hence the provisions in r. 8 (5) (a) of the abovementioned rules should be struck down on the ground that the state Government is not empowered to frame different rules for different services. I do not see any merit in the contention. In my view, the state Government is quite empowered to frame different rules for different services in its different departments.;