PRATAP KUMAR RAY, J. ( 1 ) HEARD the learned Counsel appearing for the parties. ( 2 ) ). In the instant case, it is the grievance of the petitioner that though she was selected and recommended for appointment in the post of Assistant Teacher in English as Raghunathpur Girls' High School, within the District of North 24-Parganas by competing in the selection process of the School Service Commission, but she could not join in the school due to distance factor as the school is situated at a far off distance from her residence and due to her problem in the family for the ailing husband who requires frequent medical treatment as well as for two minor children who need care. She made a representation to School Service Commission praying a change of her posting to a nearby school at Kolkata within the regional jurisdiction of said Service Commission. Her representation has not been answered in writing but has been orally refused. So the petitioner has filed this writ application praying for necessary relief. It is an admitted fact that the petitioner is permanently residing at Park Circus within the City of Calcutta. Her husband is suffering from chronic pancreatitis, which requires frequent treatment at nursing home. The documentary evidence to that effect has been annexed in the writ application. From the records of this case, it further appears that there are two little children of minor age. In the writ application, it has been asserted by the petitioner that the Raghunathpur Girls' High School is located to such a long distance from the City of Calcutta that about three hours time is consumed to reach there from her residence by availing public bus service. In a nut shell, it appears from the pleadings that due to her family problem as she is facing now as well as due to conveyance problem to reach at the said school, the petitioner could not join. Before joining to work, she made a representation to the School Service Commission, which was not allowed by the School Service Commission, contending orally, inter alia, that under the statute i. e. the School Service Commission Act, 1997 read with the Rules thereto, there is no provision to change posting as per choice of the candidate concerned. Hence, the writ petition. Hence, the writ petition. Clause IV of Regulation 9 of the West Bengal School Service Commission (Procedure for Selection of Persons for Appointment to the Posts of Teachers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . including headmasters/headmistress/superintendents of Senior Madrasa in recognized non-Government Aided Schools and Procedure for Conduct of business of the Commission) Regulations, 1998, hereinafter referred to for brevity as the Regulation, 1998 has been referred to by the learned Advocate of said Commission to contend that in the event of specific contingency as stipulated in the said regulation, the Commission may recommend a candidate to other school by changing earlier recommendation. The petitiioner did not fulfill such contingency. Relevant provision aforesaid reads thus :"9. (iv) If a candidate appointed on the recommendation of the Regional Commission is thrown out of employment owing to the vacancy for which he/she was recommended by the Regional Commission ceasing to exist, the Commission may, on receipt of such information from the appropriate authority, recommend his/her name for any other vacancy in the same School or any other school. This regulation shall not be applicable in the case of filling up of short term vacancies such as deputation vacancy/maternity leave vacancy/medical leave vacancy/vacancy due to any other leave/ vacancy owing to suspension of lien or for vacancy, in the post of Assistant Headmaster/assistant Headmistress or vacancy in the death-in-harness category where the procedures as laid down by the State Government in the School Education Department shall bo followed in the preparation of panels which shall remain valid till they are exhausted for the purpose for which such panel are prepared. " ( 3 ) BY a supplementary affidavit, the petitioner has brought to the notice of this Court a news publication as published in the Sunday Stateman, Calcutta dated 24th August, 2003, wherefrom it appears that considering the practical difficulty of the women candidates, the Minister-in-Charge suggested that the women candidates should be allowed a choice of three schools wherein the names could be recommended. After hearing the parties and considering the special facts of this case, that a married woman, who is maintaining her family consisting of ailing husband and two minor children, this Court wanted to know the present vacancies of the Assistant Teachers in English subject in different schools in or around Kolkata. In pursuance of such direction, the District Inspector of Schools (SE) Calcutta, by his report dated 28th November, 2003, has submitted a list by mentioning the names of five schools within the Calcutta District Jurisdiction of the said District Inspector of Schools concerned wherein there are vacancies ot English teachers, which could be filled up by candidates of general category with post-graduate degree in English. It is an admitted position that the petitioner completed her schooling from the Lorreto School Thereafter from Lorreto House graduated herself with honours in English and ultimately qualified herself with M. A. (English from the University of Calcutta. No objection has been raised about the petitioner's qualification and eligibility to teach English subject. Furthermore, the petitioner has already been selected by written test and other process, conducted by the school Service Commission for being appointed as Assistant Teacher of english subject in the post-graduate pay scale. It is true that in the concerned Act read with Rule that is in the West Bengal School Service commission Act, 1997 and Rules, 1997, there is no provision for change of recommendation except under certain contingency as earlier stated. On the other hand, it appears before this Court that a woman candidate even being selected to work in the post of Assistant Teacher in English is not getting a chance to be appointed. To resolve this issue, now this Court has to consider the Constitutional aspect vis-a-vis, the rights of the women as well as present Government's policy on 'women Empowerment'. ( 4 ) IT is true that right to equality is a basic fundamental right in every sphere including public employment and State cannot favour any citizen on grounds only of religion, race, caste, sex, place of birth or for any of them. ( 4 ) IT is true that right to equality is a basic fundamental right in every sphere including public employment and State cannot favour any citizen on grounds only of religion, race, caste, sex, place of birth or for any of them. But Article 14 of the Constitution of India and Article 16 are contoured with the provisions of Article 15 of the Constitution of India whereby a provision of discrimination on ground of sex and/or other grounds as stipulated therein have been made with a rider under Clause (3) of Article 15 thai nothing in that Article shall prevent the State from making any special provision for women and children. Article 15 reads thus :"15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.- (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this Article shall prevent the State from making any special provision for women and children. (4) Nothing in this Article or in clause (2) of Article 29 shall prevent the State from making and special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. " ( 5 ) THE Apex Court has considered the aspect about reservation of certain posts for women only whether ultra vires to Articles 14 and 16 of the Constitution of India in the judgment of three Judges Bench in the case Government of A. P, v. P. B. Vijayakumar and Anr. " ( 5 ) THE Apex Court has considered the aspect about reservation of certain posts for women only whether ultra vires to Articles 14 and 16 of the Constitution of India in the judgment of three Judges Bench in the case Government of A. P, v. P. B. Vijayakumar and Anr. , reported in 1995 (4) scc 520 , Andhra Pradesh State and sub-ordinate service rules under rule 22a (2) provided that where women and men are equally suited, preference to be given to a woman, "other things being equal", in selecting for direct recruitment to an extent of at least 30% of the post in each category of O. C. , B. C. , S. C. and S. T. quota. While answering the question about constitutional validity of such provision giving preferential treatment to the women, the Apex Court answered that by reserving the posts for the women, equality clause would be fulfilled since it will eliminate the socio-economic backwardness of women and would empower them in a manner that would bring about effect equality between man and woman. It was further held that the object on Article 15 (3) of the Constitution of India is to strengthen and improve the status of women. It is held that for making special provisions for women in respect of employment and posts under the State, which is an integral part of Article 15 (3), the power conferred under the said Article is not whittled down in any manner by Article 16 of the Constitution of India. The relevant observation and findings of the apex Court on that issue about woman empowerment on the reflection of article 15 (3) reads thus :"7. The insertion of clause (3) of Article 15 in relation to women is a recognition of the fact that for centuries, women of this country have been socially and economically handicapped. As a result, they are unable to participate in the socio-economic activities of the nation on a footing of equality. It is in order to this socio-economic backwardness of women and to empower them in a manner that would bring about effective equality between men and women that article 15 (3) is placed in Article 15. Its object is strengthen and improve the status of women. An important limb of this concept of gender equality is creating job opportunities for women. Its object is strengthen and improve the status of women. An important limb of this concept of gender equality is creating job opportunities for women. To say that under Article 15 (3), job opportunities for women cannot be created would be to cut at the very root of the underlying inspiration behind this article. Making special provisions for women in respect of employment or posts under the State is an integral part of Article 15 (3 ). This power conferred under Article 15 (3), is not whittled down in any manner by Article 16. 8. What then is meant by "any special provision for women" in article 15 (3)? This "special provision", which the State may make to improve women's participation in all activities under the supervision and control of the State can be in the form of either affirmative action of reservation. It is interesting to note that the same phraseology finds a place in Article 15 (4) which deals with any special provision for the advancement of any socially or educationally backward class of citizens or Scheduled Castes or scheduled Tribes. Article 15 as originally enacted did not contain article 15 (4 ). It was inserted by the Constitution First Amendment act, 1951 as a result of the decision in the case of State of Madras v. Champakam Dorairajan setting aside reservation of seats in educational institutions on the basis of caste and community. This court observed that the Government's order was violative of Article 15 or Article 29 (2 ). It said : "seeing, however, that Clause (4) was inserted in Article 16, the omission of such an express provision from Article 29 cannot but be regarded as significant. "the object of the First Amendment was to bring Articles 15 and 29 in line with Article 16 (4 ). After the introduction of Article 15 (4), reservation of seats in educational institutions has been upheld in the case of M. R. Balaji v. State of Mysore and a number of other cases which need not be referred to here. Under Article 15 (4) orders reserving seats for Scheduled Castes, Scheduled Tribes and backward Classes in Engineering, Medical and other technical colleges, have been upheld. Under Article 15 (4), therefore, reservations are permissible for the advancement of any backward class of citizens or of Scheduled Castes or Schedules Tribes. Under Article 15 (4) orders reserving seats for Scheduled Castes, Scheduled Tribes and backward Classes in Engineering, Medical and other technical colleges, have been upheld. Under Article 15 (4), therefore, reservations are permissible for the advancement of any backward class of citizens or of Scheduled Castes or Schedules Tribes. Since article 15 (3) contains an identical special provision for women, article 15 (3) would also include the power to make reservations for women. In fact, in the case of Indra Sawhney v, Union of India this court (in Para 846) rejected the contention that Article 15 (4) which deals with a special provision, envisages programmes of positive action while Article 16 (4) is a provision warranting programmes of positive discrimination. This Court observed:"we are afraid we may not be able to fit these provisions into this kind of compartmentalization in the context and scheme of our constitutional provisions. But now, it is well settled that reservations in educational institutions and other walks of life can be provided under Article 15 (4) just as reservations can be provided in services under Article 16 (4 ). If so, it would not be correct confine Article 15 (4) to programmes of positive action alone. Article 15 (4) is wider than Article 16 (4) inasmuch as several kinds of positive action programmes can also be evolved and implemented thereunder (in addition to reservations) to improve the conditions of SEBCs, scheduled Castes, Scheduled Tribes, whereas Article 16 (4) speaks only of one type of remedial measure, namely, reservation of appointments/posts. "this Court has, therefore, clearly considered the scope of article 15 (4) as wider than Article 16 (4) covering within it several kinds of positive action programmes in addition to reservations. It has, however, added a word of caution by reiterating M. R. Balaji to the effect that a special provision contemplated by Article 15 (4) like reservation of posts and appointments contemplated by Article 16 (4), must be within reasonable limits. These limits of reservation have been broadly fixed at 50% at the maximum. The same reasoning would apply to Article 15 (3) which is worded similarly. 9. In the light of these constitutional provisions, if we look at rule 22-A (2) it is apparent that the rule does make certain special provisions for women as contemplated under Article 15 (3 ). The same reasoning would apply to Article 15 (3) which is worded similarly. 9. In the light of these constitutional provisions, if we look at rule 22-A (2) it is apparent that the rule does make certain special provisions for women as contemplated under Article 15 (3 ). Rule 22-A (2) provides for preference being given to women to the extent of 30% of the posts, other things being equal. This is clearly not a reservation for women in the normal sense of the term. Reservation normally implies a separate quota which is reserved for a special category of persons. Within that category appointments to the reserved posts may be made in the order of merit. Nevertheless, the category for whose benefit a reservation is provided, is not required to compete on equal terms with the open category. "their selection and appointment to reserved posts is independently on their inter se merit and not as compared with the merit of candidates in the open category. The very purposed of reservation is to protect this weak category against competition from the open category candidates. In the case of Indra Sawhney while dealing with reservations, this Court has observed :"it cannot also be ignored that the very idea of reservation implies selection of a less meritorious person. At the same time, we recognize that this much cost has to be paid, if the constitutional promise of social justice is to be redeemed. "these remarks are qualified by observing that efficiency, competence and merit are not synonymous and that it is undeniable that nature has endowed merit upon members of backward classes as'much as it has endowed upon members of other classes. What is required is an opportunity to prove it. It is precisely a lack of opportunity which has led to social backwardness, not merely amogst what are commonly considered as the backward classes, but also amongst women. Reservation, therefore, is one of the constitutionally recognized methods of overcoming this type of backwardness. Such reservation is permissible under Article 15 (3 ). ( 6 ) IN terms of the Constitutional provision, it is provided that the state will take all endeavour to safeguard the interest of the sick, women and the old persons. Reservation, therefore, is one of the constitutionally recognized methods of overcoming this type of backwardness. Such reservation is permissible under Article 15 (3 ). ( 6 ) IN terms of the Constitutional provision, it is provided that the state will take all endeavour to safeguard the interest of the sick, women and the old persons. Under our Constitutional provision the women, a weaker sections of community, has been considered, to be eligible for special facilities providing the special benefits to them despite the existence of equality clause in Article 14 of the Constitution of India. Even in the international Charters including the Beijing Conference to protect the women's right wherein India is a party, it has been accepted that all measures to be taken by the signatory states to provide benefits to the women to upright their social and economic condition. Since India is a signatory to such International Charters, the State accordingly is bound to implement such even in absence of any domestic law to support the international Charters. It has been further held by the Apex Court that international Charters wherein India is a signatory, the same to be included in the service contract even in absence of any identical provision in the service Law. Reliance may be placed to the judgment passed in the municipal Corporation of Delhi v. Female Workers (Muster Roll) and Anr. , reported in 2000 (3) SCC 224 , wherein Maternity Benefit Act, 1961 though was not adopted by the Municipal Corporation of Delhi but Apex Court applying the U. N. Convention on elimination of all forms of discrimination against women and more particularly Article 11 of the said convention applied the Maternity Benefit Act, 1961 by holding that the same to be read into the contract of service between the Municipal Corporation of delhi and the Women Employees (Master Roll ). Paras 37 and 38 being relevant are quoted hereinbelow, which reads thus :"37. Delhi is the capital of India. No other City or Corporation would be more conscious than the City of Delhi that India is a signatory to various international convenants and treaties. The universal Declaration of Human Rights, adopted by the United nations on 10. 12. 1948, set in motion the universal thinking that human rights are supreme and ought to be preserved at all costs. This was followed by a series of conventions. On 18. 12. The universal Declaration of Human Rights, adopted by the United nations on 10. 12. 1948, set in motion the universal thinking that human rights are supreme and ought to be preserved at all costs. This was followed by a series of conventions. On 18. 12. 1979, the united Nations adopted the "convention on the Elimination of all forms of Discrimination against Women". Article 11 of this convention provides as under :"article 11 1. States/parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular : (a) the right to work as an inalienable right of all human beings; (b) the right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) the right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) the right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) the right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) the right to protection of health and so safety in working conditions, including the safeguarding of the function of reproduction. 2. 2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States/parties shall take appropriate measures; (a) to prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) to introduce maternity leave with pay Or with comparable social benefits without loss of former employment, seniority or social allowances; (c) to encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development or a network of child care facilities; (d) to provide special protection to women during pregnancy in types of work proved to be harmful to them. 3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. " (emphasis supplied)38. These principles which are contained in Article 11, reproduced above, have to be read into the contract of service between the Municipal Corporation of Delhi and the women employees (muster roll); and so read these employees immediately become entitled to all the benefits conceived under the Maternity benefit Act, 1961. We conclude our discussion bu providing that the direction issued by the Industrial Tribunal shall be complied with by the Municipal Corporation of Delhi by approaching the State government as also the Central Government for issuing necessary notification under the proviso to sub-section (1) of Section 2 of the maternity Benefit Act, 1961, if it has not already been issued. In the meantime, the benefits underthe Act shall be provided to the women (muster roll) employees of the Corporation who have been working with them on daily wages. " ( 7 ) IT has been further held by the Apex Court in the judgment passed in the case Githa Hariharan (Ms) and Anr. v. Reserve Bank of India and Anr. In the meantime, the benefits underthe Act shall be provided to the women (muster roll) employees of the Corporation who have been working with them on daily wages. " ( 7 ) IT has been further held by the Apex Court in the judgment passed in the case Githa Hariharan (Ms) and Anr. v. Reserve Bank of India and Anr. , reported in 1999 (2) SCC 228 , a judgment of Three Judges Bench referring its earlier judgment passed in the case Apparel Export Promotion Council v. A. K. Chopra, reported in 1999 (1) SCC 759 that universal declaration of human rights as adopted and proclaimed by General Assembly by taking appropriate resolution and the convention for elimination of all forms of discrimination against women (CEDAW) has its full applicability and effect in the domestic law in India even in absence of any provision in the domestic law It is held that International Law/agreement/charter/convention where india is a party has its full applicability for its use in the domestic law. Further it is held that the judiciary will implement such International charters/agreements while adjudicating any matter. ( 8 ) HAVING regard to Constitutional provision, vis-a-vis the judgment of the Apex Court, this Court is of the view that the women to be protected and all measures to be taken to upright their social and economic condition otherwise our long trail of the democratic path aging more than 55 years will lose its viability due to non-introduction of social and economic justice, which are fundamental in character. Considering such aspect, this Court is of the view that though there is no provision in the domestic field i. e. in school Service Commission Act allowing choice of posting of woman candidate in a nearby locality of her residence, upon being selected by the school Service Commission but said provision to be read in the statute to provide social and economic justice to them who are weaker section of community. The law itself and its jurisprudential aspect, is not a dead sea fruit where life could not be injected in such a law for implementation of said fundamental rights whereby the women to be protected. The law itself and its jurisprudential aspect, is not a dead sea fruit where life could not be injected in such a law for implementation of said fundamental rights whereby the women to be protected. Considering the entire scenario of this case vis-a-vis the right of the women to work and her personal difficulties as being faced which has not been denied at all, this Court is of the view that mandate to be passed by this Court directing recommendation of the name of petitioner in any nearby school where the vacancy exists. ( 9 ) BESIDES the aforesaid legal aspect of implementation of the fundamental rights and International Charters, this Court is considering , this case in another spectrum, which relates to the power of the writ Court. It is true that in the concerned statute, there is no provision of transfer of a lady teacher by recommending her case from one school to another. It is true that there is no provision, but it is also a fact that there is no embargo also to recommend in certain cases considering the problem to join in any school by a female candidate. Law and justice earlier was considered as distant neighbours, but the recent trends of the judiciary not only of India but of other countries is to render justice by narrowing down the pedantic and strict application of law. The Apex Court considered this aspect by assigning a new role to the constitutional Courts in India in the case Delhi judicial Service Association, Tis Hazari Court, Delhi v. State of Gujarat, reported in 1991 (4) SCC 406 , where the Apex Court held in Para 36 to this effect; "the Constitution has assigned a new role to the constitutional courts to ensure rule of law in the country. . . . . . . . . Time has come to have a fresh look at the old precedents and to lay down law with the changed perspectives keeping in that provisions of Constitution. " ( 10 ) THIS Court is tempted to quote a judicial pronouncement of Apex court passed in the case M. V. Elisabeth and Ors. v. Harwan Investment and trading Pvt. Ltd. , Hanoekar House, Swatontapeth, Vasco-De-Gama, Goa, reported in 1993 Supp. " ( 10 ) THIS Court is tempted to quote a judicial pronouncement of Apex court passed in the case M. V. Elisabeth and Ors. v. Harwan Investment and trading Pvt. Ltd. , Hanoekar House, Swatontapeth, Vasco-De-Gama, Goa, reported in 1993 Supp. (2) SCC 433, where in Para 86, the Apex Court held "where statute is silent and judicial intervention is required, Courts strive to redress grievances according to what is perceived to be principles of justice, equity and good conscience. " The power of Writ Court more particularly under Article 226 of the Constitution of India is of wide range and does not contoured and/or limited on]y on the violation of legal right and/or fundamental rights. Long back in the case Dwarkanath v. Income tax Officer, Special Circle, Kanpur, reported in AIR 1966 SC 81 at page 84, the Apex Court held:"article 226 is designedly couched in a wide language in order not to confine the power conferred by it only to the power to issue prerogative writs as understood in England, such wide language being used to enable the High Courts "to reach injustice wherever it is found" and to mould the reliefs to meet the peculiar and complicated requirements to this country. " (underline is of mine) ( 11 ) THIS view was considered by the Apex Court in the case, The comptroller and Auditor General of India, Gian Prakash, New Delhi and Anr. v. K. S. Jagannathan and Anr. , reported in AIR 1987 SC 537 . ( 12 ) IN the instant case, it appears that a lady teacher even being a selectee for appointment in a Secondary and/or Higher Secondary Schools in the State of West Bengal, whose appointment is centrally controlled by school Service Commission by following their own selection procedure, only for the distance factor to reach the school and lack of infrastructure as required for a lady teacher in village area is being denied of her right of employment. Though such right is not fundamental right but in view of the apex Court judgment, it has a public element once the appointment is made. Though such right is not fundamental right but in view of the apex Court judgment, it has a public element once the appointment is made. School Service Commission and/or the Managing Committee of the School and/or the students concerned would not suffer if change of posting is made from Raghunathpur School to nearby school at Kolkata hence, if this Court is not inclined to pass order in view of the special facts of the case, directing recommendation of her posting to a nearby school at kolkata, the resultant effect would be that a lady teacher despite selection would be denied employment to maintain her family, which is contrary to 'women Empowerment' policy of the Government. ( 13 ) THE Apex Court further considered the applicability of social justice concept in respect of the teachers cases. Reference is made to the judgment passed in the case Miss. A. Sundarambal v. Government of goa, Daman and "diu and Ors. , reported in 1988 (4) SCC 42 and in the case dr. G. Marulasiddaiah v. Dr. T. G. Siddapparadhya and Ors. , reported in 1971 (1) SCC 568 . The Court considered relevancies and significance of the doctrine of social justice, times out of number in several decisions. In Crown aluminium Works v. Workmen, reported in AIR 1958 SC 30 , the Apex Court observed that the Constitution of India seeks to create a democratic, welfare state and secure social and economic justice to the citizens. In the case J. K, cotton Spg. and Wvg. Mills Co. Ltd. v. Labour Appellate Tribunal of India, reported in AIR 1964 SC 737 , Gajendragadkar, J. (as His Lordship then was) speaking for the Court held "the concept of social justice is not narrow, or one-sided, or pedantic, and is not confined to industrial adjudication alone. Its sweep is comprehensive. . . . . . it does not adopt a doctrinaire approach and refuses to yield blindly to abstract notions, but adopts a realistic and pragmatic approach". ( 14 ) IT appears that the District Inspector of School (SE), Kolkata as per direction of Court has reported vacancy position of five schools whereby vacuneles of English teacher exist. The petitioner has chosen the Central collegiate School situated in Calcutta wherein the vacancy still exists and such vacancy declaration was made by the Dirstrict Inspector of Schools concerned under Memo No. 583/m II dated 3rd April, 2003. The petitioner has chosen the Central collegiate School situated in Calcutta wherein the vacancy still exists and such vacancy declaration was made by the Dirstrict Inspector of Schools concerned under Memo No. 583/m II dated 3rd April, 2003. It further appears that the vacancy is of general category prescribing minimum qualification M. A. in English. The petitioner has satisfied both the said two conditions. Having regard to such position and my observation as made, the respondent School service Commission is accordingly directed to recommend the name of the petitioner within seven days in the said school. All the concerned respondents are accordingly directed to take steps for implementing the order of this Court so that the petitioner may join in the school and work therein by which the constitutional goal to uplift the women concerned by putting their status equally with the men of the society in social and economic filed be achieved. The director of School Education is also directed to take all steps and measures so that the petitioner is appointed in the said school in question. Leave is granted to the petitioner to add Director of School Education in this proceeding. The writ application is accordingly allowed. In view of the direction of this Court, now the School Service Commission will be at liberty to recommend the name of other candidate in the Raghunathpur Girls' High School wherein the pelitioner was earlier recommended. It is further clarified that the argument of the School service Commission as advanced that the petitioner being a selectee of the regional Level Selection Test of the year 2001 and the present vacancy is within the new selection process of 2002 will make the School Service commission in a diffcult position, is not legally sustainable. Admittedly, the petitioner was a selectee of 2001 and she made a representation for a change by placing her difficulties as are being faced by her. The vacancies of the schools are not earmarked for any particular year. Considering this aspect also, this Court is of the view that the argument as advanced by the learned advocate for the School Service Commission has no legal basis. In that view, this writ application is allowed. The Secretary, West Bengal Regional School service Commission, South Region is directed to implement the order promptly so that the petitioner may join on the following 8th day in terms of the order. In that view, this writ application is allowed. The Secretary, West Bengal Regional School service Commission, South Region is directed to implement the order promptly so that the petitioner may join on the following 8th day in terms of the order. Since the learned Advocate for the School Service Commission is present, the petitioner need not to communicate this order. ( 15 ) BEFORE parting with this matter, since the learned Advocate for the school Service Commission has submitted that a guideline to be framed by this Court directing the School Service Commission to follow the appointment of women candidates in the nearby locality, this Court feels that certain observation is required to be made to that effect. In the State of West Bengal, the teaching service in the Junior High School/secondary Schools and Higher secondary Schools including Madrasah are controlled and guided centrally by school Service Commission through its different Regional Offices, which is termed as Regional Service Commission. As for example, the District Calcutta, north 24-Parganas and South 24-Parganas are included in one Region, similarly there are other Regional Commissions in different parts of State who select and recommend the candidates in different schools. Further it is a fact that in rural areas, schools are situated in such a remote corner, which cause serious problem of conveyance. Beside, there is lack of necessary infrastructural facilities as essential for a lady teacher. Since Minister-in-Charge has already applied his mind by suggesting that a lady teachers to be given the choice for appointment in the event of her selection to mitigate the hardship and suffering of the lady teachers due to their residence in far of distance and taking into account of the fact that the married women of India besides their professional works are required to spent more time for the family members and more particularly to rear the children, this Court feels that their appointment after being selected following the selection procedures by the School Service commission should be made in the nearby schools so that her right to work to fulfill social and economic justice is granted by allowing three or four choices of posting. But, this Court is not passing any guideline as it is entirely the policy decision of the Government who may consider this aspect of posting of lady teachers to the nearby locality of their residence to avoid the conveyance problem, health problem if any as well as the family problem, having due regard to the provision of Article 15 (3) of the Constitution of India, which has empowered the State Government and all other authorities to provide special benefits for the women to fulfill our constitutional goal to render socio-economic justice to the women as well as for women empowerment. ( 16 ) LET this judgment be sent to the Chief Secretary, Government of West Bengal, the Principal Secretary, Education Department and the West Bengal School Service Commission, service through its Chairman for formulating guidelines to that effect upon having due regard of the observations of this Court within 3 months from the date of communication of order. They will file necessary compliance report on said guidelines to the registry within 4 months. ( 17 ) REGISTRY is directed to communicate this order to the aforesaid persons as directed. Let xerox plain copies of this order duly countersigned by an Assistant registrar (Court) be made available to the learned Advocates appearing for the parties.