- (1.) CHALLENGING the judgment and order dated 17th november, 2005 passed by the learned trial Judge in a writ application registered as W. P. 3575 (W) of (2005) 2003, this appeal has been preferred by the writ petitioners whose writ application was dismissed. The writ petitioners are qualified with the Master Degree, more exactly the petitioner no. 1 passed M. Sc. In Physics from the B. N. Mondal University, Bihar and petitioner No. 2 passed M. Sc. in Mathematics from Ranchi University, Bihar by completing their Honours course, namely, B. Sc. (Physics) and B. Sc. (Chemistry) respectively from University of Burdwan and University of calcutta respectively. Both are holder of B. Ed, degree. They passed Secondary and Higher Secondary examinations conducted by West Bengal Board of secondary Education and West Bengal Council of Higher Secondary education respectively.
(2.) WHILE working in the post of Assistant Teacher in a secondary school recognized by Central Board of Secondary Education being posted at North-East region of India, suffered a decision of West Bengal School Service commission, set up under the West Bengal School Service Commission Act, 1997, rejecting their applications seeking selection following the selection process set up by the West Bengal School Service Commission in the post of headmaster of Junior High Schools situated within the State of West Bengal and recognized by West Bengal Board of Secondary Education on the alleged ground that they did not qualify the teaching experience condition imposed under Clause (II) Serial No. 2 of Schedule-I of The Selection of Person for appointment to the Post of Teachers Rules, 2006" published vide notification no. 561-SE (S) dated Kolkata the 2nd June, 2006, hereinafter for brevity referred to as Teachers Appointment Rules, 2006", issued by Government of West Bengal, School Education Department, Secondary Branch for selection of Headmaster in a Junior High School/junior High Madrasah whereby participation in a selection process of any teacher other than the teachers of a school recognized by West Bengal Board of Secondary Education or West Bengal Council of Higher Secondary Education or West Bengal madrasah Education Board for the post of Headmaster in a Junior High school/junior High Madrasah conducted by West Bengal School Service commission was debarred.
(3.) WRIT petitioner challenged the vires of the aforesaid condition stipulated in the said Teachers Appointment Rules, 2006 on the following grounds: (1) That the condition stipulated is violative of Article 16 of the Constitution of India as well as Article 14 of the Constitution of India including Article 21 thereof, as there was no reasonable basis and/or nexus to the classification made by classifying the group of teachers working in the schools recognized by West Bengal Board of Secondary Education or West Bengal Council of higher Secondary Education or West Bengal Madrasah Education Board for selection of such teachers in the post of Headmaster in a Junior High School/ junior High Madrasah recognized by West Bengal Board of Secondary education and/or West Bengal Madrasah Education Board, as eligible. (2) That when there is no embargo for appointment in a post of assistant teacher in a Junior High School/junior High Madrasah in respect of any candidate qualified for the post irrespective of acquiring such qualification from any University recognized by the University Grants Commission and irrespective of his domicile status of any State and teaching experience acquired as a teacher of any school and when such type of teachers who completed educational career by passing the secondary level and higher secondary level from Central Board of Secondary Education, hereinafter referred to as "c. B. S. E Board" and I. C. S. E. and Graduation or Post Graduation from the affiliated University, works for a considerable period as Assistant teachers in such type of school aforesaid, is not suffering any embargo for consideration of his candidature for the post of Headmaster of Junior High school/junior High Madrasah, the aforesaid rule is discriminatory so far as the treatment in between the two classes of teachers, one working in the post of Assistant Teacher in a school recognized by West Bengal Board of Secondary education/west Bengal Madrasah Board and a teacher working in a school recognized by C. B. S. E. or I. C. S. E. Board. (3) That job for the post of Headmaster when is inclusive of administrative and teaching and when an Assistant Teacher duly acquiring teaching experience in such type of school, namely, the school recognized by West bengal Board of Secondary Education or West Bengal Madrasah Board without having any experience of administrative Job of Headmaster is being qualified to appear in the selection process for the post of Headmaster of a junior High School/junior High Madrasah recognized by West Bengal Board of Secondary Education or West Bengal Madrasah Board, as the case may be, the impugned rule suffers from breach of Articles 14, 16 and 21 of the constitution of India due to otherwise treatment to a teaching staff having requisite teaching experience for selection to the post of Headmaster of a junior High School/junior High Madrasah who gain such teaching experience as a teacher in a school recognized by C. B. S. E. or I. C. S. E. or any other Board. (4) That the syllabus of Mathematics and Physics subject of the schools up to 8th standard recognized by C. B. S. E. or I. C. S. E. Board carrying no material difference in comparison to the syllabus of a school of 8th, standard, which is termed as Junior High School recognized by West Bengal Board of secondary Education or West Bengal Madrasah Board and as such, even a teacher having sufficient teaching experience for filing application of the post of Headmaster of a Junior High School/junior High Madrasah recognized by West Bengal Board of Secondary Education/west Bengal Madrasah Board, as the case may be, upon being selected for the post of Headmaster of a Junior high School/junior High Madrasah recognized by the said Board or madrasah, as the case may be, when will not face any difficulty so far as performing the job of teaching being appointed in the post of Headmaster, there is no reasonable nexus to the object sought for by the impugned rules in terms of Article 14 and 16 of the Constitution of India. ;