(1.) This appeal has been placed before us on reference made by a Division Bench of this Court by order dated 29th July, 2008 for consideration of the following question:
(2.) The facts giving rise to this appeal, broadly stated, are as under: THE Children Development Project Officer, Jhalda No. 1 issued an advertisement dated 6th December, 1996 inviting applications for the posts of Anganwadi Worker stating that in the age group of 18 to 45 years "who have passed in Matriculation or equivalent examination with Bengali are eligible to apply. Graduate women are not meant for the said post." THE advertisement also indicated as under:
(3.) During pendency of the appeal, the Division Bench had granted stay against the implementation of the order of the learned single Judge and that is how all the four private respondents including the three appellants have continued in service.