- (1.) IN these writ petitions prayers have been made to declare Rule 8 (5) (a) and 8 (5) (b) of the West Bengal Schools (Recruitment of Non-teaching staff) Rules, 2005 ('rules' for short) as ultra vires the Constitution of India on the ground that it offends Articles 14 and 16 of the Constitution of India as it restricts or limits the choice of selection of the candidates sponsored through the medium of Employment Exchange. Prayers are for a direction upon the respective school authorities to allow the petitioners to participate in the interviews to the post of Group-D post along with ail other candidates sponsored by the Employment Exchange since allegedly the school authorities have refused to allow them to participate in the selection process in view of Rule 8 (5) (a) and 8 (5) (b) of the Rules.
(2.) THE Issue is whether the name of a candidate who has not been sponsored by the employment exchange can be permitted to appear in the interview. Submission on behalf of the petitioner is that in view of Articles 14 and 16 of the Constitution of India and the law laid down in the judgments of the Apex Court it is not open to the State to impose such restriction on the field of choice.
(3.) RULE 8 (5) (a) and (b) are as under :- 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. ;