S.B. Sinha, A.C.J. - (1.) This appeal is directed against a judgment and order dated 20th July, 1999 passed by a learned Single Judge of this Court in W.P. No. 506(W) of 1999 whereby and whereunder the writ petition filed by the respondent had been allowed.
(2.) The writ petitioners who are three in numbers possessed certificates of Junior Basic Training. The writ petitioner No. 3 claims himself to be a member of backward class. The Employment Exchange, pursuant to a requisition made in that regard by the appellant herein, sponsored their names along with other eligible candidates but no call letter had been issued in their favour on the ground that they were over aged.
(3.) Admittedly, applications were invited in respect of the vacancies which were notified on 25th September, 1996. The date of birth of the petitioners were 4th March, 1956, 24th April, 1956 and 16th July, 1955 respectively. They on the date of the initiation of the selection process were admittedly over aged. The writ petitioners, however, had relied upon two circulars issued by the State of West Bengal for the purpose of showing that so far as the petitioners No. 1 and 2 are concerned, in absence of any rule made in this regard the prescribed age limit should be calculated on the basis of 1st day of the year of the recruitment and so far as the petitioner No. 3 is concerned that is in relation to a backward class candidate, relaxation of 3 years for the said purpose should be given.;