BISWAJIT DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) All the above batch of appeals have been preferred against the common judgment and order of the learned Trial Judge dated 28th January, 2010 by which all the connected writ petitions were dismissed finally holding that the writ petitioners are not entitled to get any relief in view of the Division Bench judgment in Tanmay Ramaya Lahiri s case, 2008 3 CalLT 205 wherein Rule 8 of the West Bengal School Teachers Recruitment Rules of 2001 was held to be logical and rational, the writ petitioners/appellants could not get any relief, hence the writ petition was dismissed. The short fact leading to filing the writ petitions and preferring the appeal are as follows:

(2.) When those writ petitions were filed the learned Single Judge passed an interim order on 16th December, 2009 allowing the writ petitioners/appellants herein to participate in the written examination without prejudice to the rights and contentions. Pursuant thereto the writ petitioners/appellants participated in the selection process. However ultimately in view of dismissal of the writ petition the fruit of the interim order could not be enjoyed.

(3.) Before the present writ petition was filed there has been an amendment of the said Rule 8 whereby the field of choice has been expanded from employment exchange sources to all the eligible candidates on advertisement and public notification. However these writ petitioners/appellants did not apply in terms of the advertisement rather challenge the earlier Rule. Now the appeal has been admitted for hearing only on one point as to whether the Rule 8 as stood before amendment ultra vires the Constitution or not?