The Primary School Councils are statutory bodies governed by the provisions of the West Bengal Primary Education Act, 1973, and the Rules made thereunder. They can only act within the four corners of the statute and cannot do something they have not been permitted to do.

1. Common question on fact and law have a risen in these appeals and accordingly we desire to dispose of the same by this common judgment and order.

2. A number of writ petitions were filed wherein it was contended that though the writ petitioners are qualified and eligible to offer themselves as candidates for the posts of primary teachers, they have not been sponsored by the concerned Employment Exchanges, upon the appellants having approached such Employment Exchanges to sponsor candidates to fill up vacant posts of primary teachers. The writ petitioners contended that after the judgment of the Hon'ble Supreme Court in the case of Excise Superintendent vs. K.B.N. Visweshwara Rao, reported in 1996 (6) SCC 216 was delivered, in the light of the said judgment by a notification dated 18th May, 1998 the Government of India directed in addition to. notifying the vacancies for the relevant categories (excluding those filled through the Union Public Service Commission/the Staff Selection Commission) to the Employment Exchange, the requisitioning authority/establishment may keeping in view administrative/budgetary constraints arrange for the publication of the recruitment notice for such categories in the "Employment News" published by the Publication Division of the Ministry of Information and Broadcasting, Government of India and then consider the case of the candidates who have applied. The writ petitioners further contended that in the said notification dated 18th May, 1998 the Government of India directed that in addition to the above, recruitment notices should be displayed on the Office Notice Boards also for wider publicity. The writ petitioners further contended that under cover of a letter dated 4th June, 1998 the Government of India circulated the said notification dated 18th May, 1998 to the Director of Employment, All States and UT Administrations. The writ petitioners further contended that in the said letter dated 4th June, 1998 it was specifically mentioned that all the State Government/UT Administrations are requested to strictly adhere to the said direction of the Government contained in its order dated 18th May, 1998. The writ petitioners further contended that by another letter dated 19th June, 1998 addressed to the Regional Employment Officer, Regional Employment Exchange, Calcutta, the Employment Officers-in-Charge of all Employment Exchanges in West Bengal and Deputy Chief of UEI and Guidance Bureaus, the State Government directed strict adherance to the instructions contained in the said Government Order dated 18th May,1998. It is the case of the writ petitioners that despite the said judgment of the Supreme Court and the directions of the Governments, the appellants have not published the recruitment notice for recruitment to the posts of primary teachers, nor have displayed such recruitment notice on the Office Notice Boards of the appellants and on the contrary sought to confine the selection amongst only those who have been sponsored by the Employment Exchange. In some of the writ petitions it was additionally contended that Ex-census employees, being in exempted category, are entitled to apply directly without the intervention of the Employment Exchange and if they have crossed the age bar, the same is required to be relaxed. In some other writ petitions it was contended that the Employment Exchange has sponsored the names of juniors ignoring the seniors. In a few of the writ petitions it was contended that the concerned Employment Exchange has not sponsored candidates on the basis of the quota of trained and untrained candidates.

3. Some of these writ petitions are disposed of upon notice only to the State of West Bengal whereby the appellants were directed to permit the writ petitioners to appear at the interview and also to condone their age. Writ Petition No. 15603 (W) of 1998 was, however, decided on 14th September, 1998 upon hearing the appellants. The learned Single Judge who decided the sa