- (1.) THE Judgment of the Court was as follows : heard the learned Advocate for the respective parties. The facts of the case, very briefly, are as follows :-The petitioners have filed the writ petition challenging Rule 5 of the west Bengal School Service Commission (Selection of Persons for appointment to the Post of Teachers) Rules, 2006 and 2007 as ultra vires the Constitution of India and for direction upon the authority concerned to publish the results of the petitioner for the year 2006 and to give appointment to the petitioners in the posts in question and not to cancel the panel concerned. The petitioners' case is that the petitioner No. 1, born on 17th june, 1972, passed his B. A. (Hons.) Part-I Examination in Urdu in 1994 and the Part-II examination in 1995 from Calcutta University and also passed the M. A. Examination from the said University in the year 1997. The petitioner No. 2, born on 29th April, 1970, passed B. A. (Hons.) Part-l examination in Urdu in 1990 and Part-ll Examination, 1991 from the said university. According to the petitioners, in the Madhyamik syllabus there is no provision for any third language as a subject and, therefore, the question of taking up for study any third language at the secondary level does not arise at all. The petitioners' case is that in the syllabus of the Secondary education, Madrasah Education Board, icsc and CBSE there is no provision for any third language and there is no elective or compulsory third language as a subject. The petitioners at all material points of time had Urdu as the first language and English as the second language. An advertisement dated 12. 07. 2006 was published in The Statesman, Siliguri edition, dated 14th July, 2006 in respect of the 7th Regional Level Selection test which was scheduled to be held on 12. 11. 2006 for preparing the panel of Assistant Teachers in Recognized Non-Government aided Junior High/ high/higher Secondary Schools/madrasahs and Sr. Madrasahs in West bengal against the vacancies available as per West Bengal School Service commission (Selection of Persons for Appointment to the Post of Teachers)Rules, 2006. The petitioners are concerned with posts in Hons. /pg Category. Clause 2 of the said advertisement reads as follows :- "2. Medium of Institution : Vacancies are mainly in Bengali Medium schools/madrasahs. Candidates applying for School/madrasahs with particular language as medium must have that language of the medium as first or second or third language on Secondary Level of the West Bengal Board of Secondary Education/west Bengal Board of Madrasahs Education or from any equivalent Board or at Higher secondary Level of the West Bengal Council of Higher Secondary education or from any Equivalent Board/council or must have succeeded at any subsequent higher level of education in that language paper. "
(2.) AS per the said advertisement there were four vacancies in respect of the subject Urdu in the Northern Region. The petitioners challenged the said advertisement dated 12. 07. 2006 by way of a writ petition being W. P. No. 18495 (W) of 2006. An Hon'ble Single Judge of this Court by order dated 10. 08. 2006 was pleased to admit the writ petition and observe that if the petitioners succeed then the Commission and other respondents shall permit the petitioners to take the examination. His Lordship was further pleased to make it clear that if the petitioners are otherwise entitled to obtain forms and apply, then they will be at liberty to collect the forms and apply and if the applications for taking the examination are submitted by the petitioners then the Commissioner shall process them subject to the result of the writ petition. It appears that the said School Service Commission preferred an appeal, against the said order, being MAT No. 3424 of 2006 and by order dated 07. 09. 2006 the Hon'ble Division Bench was pleased to dismiss the said appeal and close the stay application. The petitioners applied for the post of Assistant Teacher in language group for Urdu and the petitioners appeared at the written test and passed the said test and was called for the personality test but the results were not published and have also not been published as yet. The said writ petition being W. P. No. 18495 (W) of 2006 came up for final hearing and an Hon'ble Single Judge of this Court was pleased to observe inter alia : "the admitted position is that the petitioners did not question the validity of the rule. It is apparent from the provisions of Rule 5 that for getting appointment in Bengali medium schools as Urdu (H/pg) teachers they were required to possess the requisite qualification with Bengali as first or second or third language at any of the examinations mentioned therein. Admittedly, in none of the examinations they took Bengali was their first or second or third language. Hence I find that Counsel for the commission is absolutely right in saying that the condition mentioned in the employment notice was not illegal, and that, in view of the existing rules, the petitioners were not eligible to apply for Bengali medium schools, though they were at liberty to apply for Urdu and English medium schools, since they had both Urdu and English as their language papers at the examinations they took. " His Lordship was pleased to dismiss the said writ petition.
(3.) THE said Commissioner published another advertisement dated 04. 10. 2007 (published in The Statesman, Calcutta, 6th October, 2007) for holding the 8th Regional Level Selection Test which was scheduled to be held on 22. 12. 2007 for preparing the panel of Assistant Teachers. The petitioners have alleged that the petitioners are challenging the said Rules of 2006 but in the meantime the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 (hereinafter referred to as the Rules of 2007) have come into existence and, accordingly, both the Rules of 2006 and the Rules of 2007 have been challenged by the petitioners as illegal and against the fundamental rights of the petitioners and also ultra vires of the Constitution of India.;