MOHAMMAD ISAHAQUE ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners before me are the ex-census candidates. According to the writ petitioners, although they have crossed the age limit following the circular issued by the Labour Department the Employment Exchange is bound to sponsor their names irrespective of the age eligibility bar for the post of primary teacher.

(2.) The learned counsel, appearing for the writ petitioners has relied on the decision of the Apex Court reported in AIR 1999 SC page 3825 wherein the Apex Court relaxed the upper age restriction in case of Ex-census employees for the purpose of government service. Relying on that decision, learned counsel, appearing for the petitioners, prays for an interim order directing the authority concerned to allow the writ petitioners to participate at the interview.

(3.) Since it has been consistently held by this Court that relaxation of age cannot be done contrary to the statute, The Court of Law is not empowered to direct the authority concerned to allow the writ petitioners to participate in the selection process after having cross the upper age limit. The Division Bench of our Court in the case of Malda District Primary Schools Council & Anr. v. Faridur Rahaman, & Ors. reported in 2001 Vol : I, CHN, 204 held as follows: