Altamas Kabir, J.

This appeal has been filed along with an application under section 5 of the Limitation Act for condonation of delay in filing the appeal (CAN No. 768 of 2000) and an application for leave to appeal (CAN No. 1054 of 2000) since the appellant had not been made a party in the writ application which was disposed of on 7th April, 1998, by the order under appeal.

2. Since the delay in filing the appeal is about two years we decided to hear the learned advocates on the merits of the appeal first before taking up the application for leave to appeal and for condonation of delay in filing the appeal.

3. On behalf of the appellant it was sought to be urged that since according to the procedure prescribed for recruitment of teaching and non-teaching staff of secondary schools as contained in the recruitment procedure issued by the Director of School Education, Government of West Bengal, vide Memo No. 2816(17) G.A., dated 4th December, 1989, it was only those candidates whose names were soponsored by the concerned Employment Exchange who could be considered for filling up the vacancy for which prior permission had been given by the District Inspector of Schools. It was su