Satyabrata Sinha, J.: To be or not to be has all along been a difficult question for the man-kind to answer. To act strictly in accordance with law or to show human consideration, sympathy or equity pose serious problems before the courts of law.

2. The appellant and the respondent No.7 are contenders for a post of Clerk-cum-Typist in Panihati Tran Nath High School (hereinafter referred to as the said school). The said school is an aided recognised school, and thus, is governed by the Recruitment Rules framed by the Director of School Education, West Bengal, in exercise of his power conferred upon him by clauses (i) and (ii) of sub-rule (1) and clause (i) of sub-rule (4) of Rule 28 of the Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969, as also various notifications issued by the Education Department from time to time. The aforementioned 1969 Rules have been framed by the State in terms of its power conferred upon it under the provisions of the West Bengal Board of Secondary Education Act. It is not in dispute that the said directions of the Director of School Education having been made pursuant to his statutory power have the force o