Soumitra Pal, J. - (1.) In the writ petitions having Nos. 24757( W) of 2007 and W.P. No. 944(W) of 2008 the petitioners possessing certificates in three years Lady Brabourne Needle Work Tailoring Course awarded by the Directorate of School Education, have prayed for a declaration to declare the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 (in short 2007 Rules) as ultra vires the provisions of Articles 14 and 16 of the Constitution of India. It is to be noted that in the writ petition having no. W.P. No. 24723 (W) of 2007 by filing a supplementary affidavit prayers have been made for production of 2007 Rules published in the Kolkata Gazette, Extraordinary issued on 26th September, 2007 so that perusing the same it may be quashed and for quashing that part of the 2007 Rules whereby Certificate in Tailoring and Needle Work from any institution duly recognised by any UGC recognised University/from any UGC recognised University has been prescribed to be an essential qualification for the post of Assistant Teacher in Work Education as it is arbitrary and unreasonable since it has no nexus with the object and also ultra vires of Article 14 of the Constitution of India.
(2.) In all the writ petitions prayers have been made for a direction upon the respondents to permit the petitioners to appear in the 8th Regional Level Selection Test which has since been held on 23rd December, 2007. The basic grounds of challenge in these writ petitions are with regard to the validity of the 2007 Rules since according to the petitioners it is ultra vires the Constitution of India as well as the provisions contained in the West Bengal School Service Commission Act, 1997 (hereinafter referred to as 'the Act'). Alternatively, it has been argued that even assuming 2007 Rules are not ultra vires, 2007 Rules cannot be applied in respect of advertisement published on 4th October, 2007 since the vacancies sought to be filled up by the said advertisement should be guided by the earlier rules.
(3.) So far as the answer to the issue whether the 2007 Rules are ultra vires the Constitution of India and 1997 Act, it is necessary to refer to the grounds in writ petition having No.24757(W) of 2007 which are as under: "I. For that the actions of the authorities as impugned herein are neither bona fide nor lawful. II. For that the actions of the respondents forming subject of the instant writ application is ex facie bad and unenforceable in law. III. For that the 2007 Rules which have been framed have sought to create an illogical classification and it is gross violation of the petitioners' rights to equal and fair treatment in the matter of employment, and the petitioners' rights protected under Articles 14, 16 of the Constitution have been severally jeopardized. IV. For that there exists no rational basis for not including 3 year certificate in Needle Work from Lady Brabourne which till 25.09.2007 was a recognised qualification. V. For that a classification has been sought to be made having no rational nexus with the object ought to be achieved by such classification and the sole basis is arbitrary and capricious and entirely beyond jurisdiction. VI. For that the 2007 Rules have not been framed under Rule 7(1) of the said Rules which give the power to the Government to fix qualifications for the various posts of teachers, therefore, in other words the Government cannot arrogate unto itself a right which it does not have. VII. For that the petitioners have been informed that owing to their qualification which no longer is an essential one, they would not be called for appearing in the forthcoming 8th R.L.S.T. i.e. in other words no Admit Card would be issued in their favour and, therefore, unless this Hon'ble Court in exercise of powers conferred under Article 226 of the Constitution of India come to the petitioners' rescue the petitioners shall suffer irreparable loss, injury and prejudice. VIII. For that till 2006 3 years certificate in Needle Work from Lady Brabourne which is recognised by the Government was treated as an essential qualification for appointment to the post of Assistant Teacher in Work Education and by doing away with such essential qualification an uncertain future is looming large above the petitioners' heads since the petitioners reasonably believed by pursuing such Government recognised course they would be able to appear in the selection test conducted by the Central Commission for appointment to the post of teachers. IX. F or that by abruptly, arbitrarily and capriciously changing the law the petitioners have been left to grope in the dark and without any possibility of any chance to appear in the selection test, the entire action is arbitrary and wholly without jurisdiction and devoid of any basis and/ or substance. X. For that the acts and actions of the respondents as impugned herein suffers from the vices of illegality, irrationality and/or procedural impropriety for which judicial interdiction under Article 226 of the Constitution of India for setting things right. XI. For that the impugned actions of the respondents in arriving of the decision not to permit the petitioners to appear in the 8th R.L.S.T. scheduled to be held on 23.12.2007 is grossly violative of the petitioners' right protected under Articles 14, 16 and 21 of the Constitution of India. XII. For that the actions of the respondents as impugned herein are otherwise bad and cannot sustain both in law as well as on facts." In the writ petition having W.P. No. 944 (W) of 2008 besides reiterating the grounds in W.P. No. 24757(W) of 2007, three additional grounds have taken which are extracted below: XIII. For that 2007 Rules do not even apply to them. Their vacancies, on a combined reading of the 2006 Rules and 2007 Rules were created on or after 1st January, 2007 and consequently since 2007 Rules did not see the light of the day as on 1st January, 2007, 2006 Rule apply to them. XIV. For that Rule 22 of the 2007 Rules in unequivocal terms have saved the acts done or caused to be done in accordance with the provisions of the earlier rules, thereby clearly implying that since the vacancies are created under 2006 Rules, they ought to be filled up under the provisions of the 2006 Rules. XV. For that 2006 Rules cannot supersede the West Bengal School Service Commission Rules and therefore, in the absence of clear Rule making power, the rules are ipso facto illegal and suffers from inherent lack of jurisdiction.";