(1) IN these writ petitions prayers have been made to declare Rule 8 (5) (a) and 8 (5)(b) of the West Bengal Schools (Recruitment of Non-teaching staff) Rules, 2005 (rules for short) as ultra vires the Constitution of India on the ground that it offends Articles 14 and 16 of the Constitution of India as it restricts or limits the choice of selection of the candidates sponsored through the medium of Employment Exchange. Prayers are for a direction upon the respective school authorities to allow the petitioners to participate in the interviews to the post of Group-D post along with ail other candidates sponsored by the Employment Exchange since allegedly the school authorities have refused to allow them to participate in the selection process in view of Rule 8 (5) (a) and 8 (5) (b) of the Rules.

(2) THE Issue is whether the name of a candidate who has not been sponsored by the employment exchange can be permitted to appear in the interview. Submission on behalf of the petitioner is that in view of Articles 14 and 16 of the Constitution of India and the law laid down in the judgments of the Apex Court it is not open to the State to impose such restriction on the field of choice.

(3) RULE 8 (5) (a) and (b) are as under :-

5(a). On receipt of the sanction from the District Inspector of schools, the school authority shall make a requisition to the employment exchange for sponsoring, within forty-five days, names of the candidates. (b) In case of receipt of a non-availability certificate from the employment exchange, the school authority shall, under intimation to the District Inspector of Schools, make an advertisement with complete postal address of the school and other relevant particulars in a daily newspaper having circulation throughout the State.

(4) ARTICLES 14 and 16 (1) of the Constitution of India are as under:-

14. Equality before law.- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. 16. Equality of opportunity in matters of public employment.-(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(5) NOW the question is do Rules 8 (5) (a) and 8 (5) (b) of the Rules offend Articles 14 and 16 (1) of the Constitution of India.

(6) PERUSING the Rule 8 (5) (a) I find that on receiving sanction from the District Inspector of Schools, the school authority shall make a requisition to the exchange for sponsoring, within 45 days, the names of the candidates. However, under 8 (5) (b) in case the employment exchange does not sponsor such names, the school authorities shall, under intimation to the District inspector of Schools, make an advertisement in a daily newspaper having circulation throughout the State seeking applications for the posts. Therefore, from a reading of the Rules it appears if names are sponsored by the employment exchange there is no requirement by the authorities to seek names of eligible candidates by publication in the newspaper. Thus, in the event names of the candidates are sponsored by the employment exchange, there will be denial of equal opportunity in the matter of employment to a candidate having requisite qualification not being sponsored. In my view, as Rule 8 (5) (a) and Rule 8 (5) (b) excludes candidates not sponsored by the employment Exchange or who have not got themselves registered with the exchange, it offends Article 16 (1) of the Constitution. It is to be noted that the candidates sponsored by the Employment Exchange stand on a higher pedestal is evident from a reading of the Rule 7 (a) which postulates "in case of the candidates sponsored by the employment exchange, all the candidates shall be called for interview". Therefore, such Rules - 8 (5) (a)and (b) -would be ultra vires the Constitution of India as the Apex Court in excise Superintendent Malkapatnam v. K.B.N. Visweshwara Rao reported in (1996)6 SCC 216 o