JUDGMENT 1. The writ petition is made for giving reliefs in the nature of direction upon the respondents to sit in the examination for appointment of teacher in recognized non-government aided school as per advertisement No. 1 of 1998 published by the respondent No. 1 after relaxing the age upto 45 years in the case of physically handicapped persons as per Memo No. 531 (2) SW/MN-14 of 1998 dated 3rd March, 1998 issued by the Government of West Bengal as well as for various other incidental prayers. 2. Under similar circumstances as and when the respondent was not present, this Court was pleased to pass an order in disposing of a writ petition being W.P. No. 9017 (W) of 1998, Md. Horroz Dafadar vs. West Bengal Central School Service Commission & another, in the following manner: – "Let the affidavit-of-service filed in Court today be kept with the record. The petitioner is a physically handicapped candidate who was allowed to appear in the examination made by the School Service Commission, but the result of the petitioner has not yet been published which should be published within a period of four weeks from the date of communication of this order or it will be communicated to the petitioner within such period. At the time of communication, the authority concerned should remember that the selection of such candidate will be in accordance with Memo No. 500 (100)-Emp/1M-43/94 dated 7th October, 1997 issued by the Chief Secretary, Labour Department, Government of West Bengal read with Memo No. 10517-F dated 2nd December, 1980 issued by the Finance Department, Audit Branch, Government of West Bengal. The case of 100 point roster as well as relaxation of age, in any event, considering all aspects as directed above, the communication as to the result of the examination will be communicated within a period of four weeks from the date of communication of this order as aforesaid. The writ petition is thus disposed of. There will be no order as to costs. Let urgent xerox certified copy of this order, if applied for, within 7 days from the date of submission of the application." 3. Two other writ petitions being W.P. No. 9016 (W) of 1998 and W.P. No. 9018 (W) of 1998 are similarly placed but opposed at the time of hearing. 4. There will be no order as to costs. Let urgent xerox certified copy of this order, if applied for, within 7 days from the date of submission of the application." 3. Two other writ petitions being W.P. No. 9016 (W) of 1998 and W.P. No. 9018 (W) of 1998 are similarly placed but opposed at the time of hearing. 4. Since the earlier order was passed in absence of the respondents, I have carefully considered the submissions made by the respondents in connection with his real objection as to the implementation of the order or for passing similar order in respect of these matters. 5. The real contention of the learned Counsel appearing for the respondent is that after West Bengal School Service Commission Act, 1997 came into force, a Rule was introduced by way of Notification No. 14-SE(S)/IS-6/97 dated 8th January, 1998. It appears from the said Rule that there is a method of recruitment provided therein. According to him such method of recruitment has a guiding effect upon the Commission. Circular, if any, in giving relaxation to the physically handicapped person cannot have effect of supersession of such rule. 6. I have called upon the petitioner to satisfy in this respect. The learned Counsel appearing for the petitioner cited provisions of Sections 33, 38 and 39 of the persons with disabilities (Equal Opportunities of Protection of Rights and Full Participation) Act, 1995. Such act is a Central Act introduced in the year 1996. It appears therefrom that relaxation of the age limit in respect of the physically disabled persons has been given and specifically directed under Section 38 that appropriate Government and local authority shall by notification formulate schemes ensuring employment of persons with disabilities in such manner as indicated therein. 7. Now from the annexure of the earlier writ petition it appears that there was a 100 point roster for physically handicapped persons are given effect to by Circular No. 500 (100)-Emp/1M-43/94 dated 7th October, 1997 by the Chief Secretary, Government of West Bengal. By another memorandum being Memo No. 531(2)-SW/MN-14/93, the Chairman of the West Bengal Central School Service Commission was informed by the Deputy Secretary, Government of West Bengal for giving such relaxation. The West Bengal Public Service Commission already adopted the view. By another memorandum being Memo No. 531(2)-SW/MN-14/93, the Chairman of the West Bengal Central School Service Commission was informed by the Deputy Secretary, Government of West Bengal for giving such relaxation. The West Bengal Public Service Commission already adopted the view. By a further Memo of the Finance Department being No. 10517-F dated 2nd December, 1980, the relaxation of age bar in respect of physically handicapped persons have been increased upto 45 years. 8. Under such circumstances, I do not find any reason that as to why there should not be the same set of principles to be adopted by the School Service Commission in this respect. As pointed out by the learned Counsel appearing for the respondents that Circular cannot have any overriding effect on the rule, the rule cannot have any limb unless it is guided by the appropriate Act. When the act is there with a direction upon the appropriate Government authorities to adopt the same and consequently certain adaptation were made there cannot be any intelligible differentia for not considering and/or accepting the same as it is proposed. In such circumstances, the writ petitions are allowed on contest and the self-same order as passed in W.P. No. 9017 (W) of 1998 on 6th July, 1999 will also be applicable in respect of these cases. 9. However, since no affidavit has been filed by the respondents, although legal points are considered, the allegations made in the petitions are not admitted. 10. Both the writ petitions being W.P. No. 9016 (W) of 1998 and W.P. No. 9018 (W) of 1998 are thus allowed. There will be no order as to costs. Let urgent xerox certified copy of this judgment, if applied for, be made available to the learned Advocates for the parties within a fortnight from date.