1. In this appeal, the point for consideration is which provision of law will be followed in the matter of sponsoring the candidates maintaining the ratio of number of posts and candidates. This is a fight between a Government department and a Board, incorporated under the statute, viz. the West Bengal Primary Education Act, 1973.

2. The respondent writ petitioner is the successor-in-office of the erstwhile Board, formed under the West Bengal Primary Education Act, 1973. The learned Trial Judge has correctly recorded and neither of the parties had disputed that it is a body corporate and is liable to be sued and it can sue in its own name. It is strange to see that these two bodies which are directly or indirectly controlled by the Government of West Bengal, are fighting over this issue. The learned Trial Judge held that the ratio of posts and candidates should be 1 : 10, following the Recruitment Rules of 2001, which has been amended in 2005 without any deviation as to the aforesaid ratio. Incidentally, it is to be mentioned that the aforesaid Rule has been framed under the said Act having a rule making power.

3. Mr. Chakraborty says, while assailing the judgment of the lea