SHEKHAR B.SARAF,J. - (1.) Affidavit of service filed in Court be kept on record.
(2.) The applicable rules pertaining to eligibility for the post of Headmaster in 2012 was that the candidate was required to have secured at least 40% marks in Post Graduate Examination and the candidate was required to have at least ten years' experience as teacher. New Rules were introduced regarding eligibility for the post of Headmaster in March 2015 whereunder the experience of ten years remained unchanged as also the 40% marks remained unchanged. In September 2016, further fresh Rules were introduced whereunder the required teaching experience remained ten years but the requisite marks were enhanced from 40% to 45% in the Post Graduate Examination. Again in March 2017 the Rules were amended and the required marks was enhanced to 50%.
(3.) The petitioner contends that he became eligible for the post of Headmaster prior to the amendment of 2017. Had the examination for appointment to the post of Headmaster been held prior to the amendment of 2017, he would have been entitled to participate in the examination since the requisite marks under the old Rules was 45 per cent. He submits that the 2017 amendment is wholly unreasonable and arbitrary and cannot affect the vested right that has accrued in his favour. He has challenged the vires of the 2017 Amendment. Hence let a copy of the writ petition be served on the office of the learned Advocate General for the State of West Bengal.;