- (1.) THE West Bengal School Service Commission (hereinafter referred to as the "commission") published an advertisement, inter alia, for filling up post of Hindi teacher in Western Region. Pursuant to such advertisement the respondent Nos. 1 and 2 applied and passed out in the regional level selection test. The result was published by the Commission as appears from page 147 of the Paper Book which would show that there were four male vacancies for Hindi which were to be filled up from the panel prepared out of the said selection test. In the panel the respondent Nos. 1 and 2 were empanelled at serial Nos. 5 and 6 whereas two female candidates having secured more marks than the respondent Nos. 1 and 2 were placed above the said respondents. All the four vacancies were filled up by first four candidates according to merits. Hence, the respondents No. 1 and 2 could not get any appointment. They approached the learned Single Judge by filing the writ petition. It was contended on behalf of the School Service Commission as well as the State that there was no illegality committed by the Commission in recommending the female candidates for the post as they secured higher marks than that of the writ petitioners. Learned Single Judge, however, did not accept the contention of the Commission and allowed the writ petition by holding that since the vacancy was in the male category the lady candidates could not have been considered in the said post. His Lordship also rejected the contention of the Commission that the restriction imposed under Article 15 (3) of the constitution with regard to the girls school could not be said to be arbitrary. His Lordship observed that there could not be any discrimination on account of sex as to distribution of wealth under Article 39.
(2.) HENCE, this appeal by the Commission.
(3.) WE heard the parties at length.;