JUDGMENT

Vikramajit Sen, J.

1. Leave granted. We have heard counsel for the parties in detail and hence proceed to deliver judgment.

2. The dispute pertains to the employment of the Appellant and Respondent No. 1 in the Group 'D' staff (non-teaching staff) of the Nazirbazar Harendranath High School, Nazirbazar, Medinipur, West Bengal (Respondent No. 6). Pursuant to holding of the interviews, the Appellant was placed first in the merit list followed by the Respondent No. 1 in second position. Respondent No. 1, thereafter, challenged the appointment of the Appellant on the ground that he had crossed the permissible age prescribed for recruitment to this Group 'D' post even on the date when the interview was conducted and completed. However, the Appellant's contention is that he was entitled to relaxation in the maximum age as a consequence of his suffering from a hearing disability to the extent of sixty per cent (60%). The factum of his said affliction is not in dispute, although it has been faintly argued by Mr. Sanyal, Learned Counsel for Respondent No. 1 that the applicable Rules and Regulations contemplate complete loss of audio powers for favourable treatment; and that the forty p