JUDGMENT: PRATAP KUMAR RAY, J. (1.) Challenging the judgment and order dated 17th November, 2005 passed by the learned trial Judge in a writ application registered as W.P. 3575 (W) of (2005) 2003, this appeal has been preferred by the writ petitioners whose writ application was dismissed. The writ petitioners are qualified with the Master Degree, more exactly the petitioner No. 1 passed M. Sc. In Physics from the B. N. Mondal University, Bihar and petitioner No. 2 passed M.Sc. in Mathematics from Ranchi University, Bihar by completing their Honours course, namely, B.Sc. (Physics) and B.Sc. (Chemistry) respectively from University of Burdwan and University of Calcutta respectively. Both are holder of B. Ed, degree. They passed Secondary and Higher Secondary examinations conducted by West Bengal Board of Secondary Education and West Bengal Council of Higher Secondary Education respectively. (2.) While working in the post of Assistant Teacher in a secondary school recognized by Central Board of Secondary Education being posted at North-East region of India, suffered a decision of West Bengal School Service Commission, set up under the West Bengal School Service Commission Act, 1997, rejecting their applications seeking selection following the selection process set up by the West Bengal School Service Commission in the post of Headmaster of Junior High Schools situated within the State of West Bengal and recognized by West Bengal Board of Secondary Education on the alleged ground that they did not qualify the teaching experience condition imposed under Clause (II) Serial No. 2 of Schedule-I of The Selection of Person for Appointment to the Post of Teachers Rules, 2006" published vide notification No. 561-SE (S) dated Kolkata the 2nd June, 2006, hereinafter for brevity referred to as Teachers Appointment Rules, 2006", issued by Government of West Bengal, School Education Department, Secondary Branch for selection of Headmaster in a Junior High School/Junior High Madrasah whereby participation in a selection process of any teacher other than the teachers of a school recognized by West Bengal Board of Secondary Education or West Bengal Council of Higher Secondary Education or West Bengal Madrasah Education Board for the post of Headmaster in a Junior High School/Junior High Madrasah conducted by West Bengal School Service Commission was debarred. (3.) Writ petitioner challenged the vires of the aforesaid condition stipulated in the said Teachers Appointment Rules, 2006 on the following grounds: (1) That the condition stipulated is violative of Article 16 of the Constitution of India as well as Article 14 of the Constitution of India including Article 21 thereof, as there was no reasonable basis and/or nexus to the classification made by classifying the group of teachers working in the schools recognized by West Bengal Board of Secondary Education or West Bengal Council of Higher Secondary Education or West Bengal Madrasah Education Board for selection of such teachers in the post of Headmaster in a Junior High School/ Junior High Madrasah recognized by West Bengal Board of Secondary Education and/or West Bengal Madrasah Education Board, as eligible. (2) That when there is no embargo for appointment in a post of assistant teacher in a Junior High School/Junior High Madrasah in respect of any candidate qualified for the post irrespective of acquiring such qualification from any University recognized by the University Grants Commission and irrespective of his domicile status of any State and teaching experience acquired as a teacher of any school and when such type of teachers who completed educational career by passing the secondary level and higher secondary level from Central Board of Secondary Education, hereinafter referred to as "C.B.S.E Board" and I.C.S.E. and Graduation or Post Graduation from the affiliated University, works for a considerable period as Assistant Teachers in such type of school aforesaid, is not suffering any embargo for consideration of his candidature for the post of Headmaster of Junior High School/Junior High Madrasah, the aforesaid rule is discriminatory so far as the treatment in between the two classes of teachers, one working in the post of Assistant Teacher in a school recognized by West Bengal Board of Secondary Education/West Bengal Madrasah Board and a teacher working in a school recognized by C.B.S.E. or I.C.S.E. Board. (3) That job for the post of Headmaster when is inclusive of administrative and teaching and when an Assistant Teacher duly acquiring teaching experience in such type of school, namely, the school recognized by West Bengal Board of Secondary Education or West Bengal Madrasah Board without having any experience of administrative Job of Headmaster is being qualified to appear in the selection process for the post of Headmaster of a Junior High School/Junior High Madrasah recognized by West Bengal Board of Secondary Education or West Bengal Madrasah Board, as the case may be, the impugned rule suffers from breach of Articles 14, 16 and 21 of the Constitution of India due to otherwise treatment to a teaching staff having requisite teaching experience for selection to the post of Headmaster of a Junior High School/Junior High Madrasah who gain such teaching experience as a teacher in a school recognized by C.B.S.E. or I.C.S.E. or any other Board. (4) That the syllabus of Mathematics and Physics subject of the schools up to 8th standard recognized by C.B.S.E. or I.C.S.E. Board carrying no material difference in comparison to the syllabus of a school of 8th, standard, which is termed as Junior High School recognized by West Bengal Board of Secondary Education or West Bengal Madrasah Board and as such, even a teacher having sufficient teaching experience for filing application of the post of Headmaster of a Junior High School/Junior High Madrasah recognized by West Bengal Board of Secondary Education/West Bengal Madrasah Board, as the case may be, upon being selected for the post of Headmaster of a Junior High School/Junior High Madrasah recognized by the said Board or Madrasah, as the case may be, when will not face any difficulty so far as performing the job of teaching being appointed in the post of Headmaster, there is no reasonable nexus to the object sought for by the impugned rules in terms of Article 14 and 16 of the Constitution of India. (4.) This writ application was opposed by filing an affidavit-in-opposition by the respective respondents, namely, respondent Nos. 1 and 2 affirming the affidavit by Director of School Education, West Bengal and by respondent No. 3 affirming an affidavit by the Secretary, West Bengal Central School Service Commission, hereinafter for brevity referred to as "said Commission". (4.) This writ application was opposed by filing an affidavit-in-opposition by the respective respondents, namely, respondent Nos. 1 and 2 affirming the affidavit by Director of School Education, West Bengal and by respondent No. 3 affirming an affidavit by the Secretary, West Bengal Central School Service Commission, hereinafter for brevity referred to as "said Commission". In the affidavit, no answer given on the points as taken by the writ petitioners, save and except, reliance on the concerned rule impugned in the writ application to contend that the writ petitioners did not satisfy the provision of the rule, namely, the teaching experience by working as Assistant Teacher in a school recognized by West Bengal Board of Secondary Education, hereinafter referred to as "West Bengal Board" or West Bengal Board of Madrasah Education, hereinafter referred to as "Madrasah Board" for brevity. (5.) In the affidavit-in-opposition, respondent Nos. 1 and 2 had taken the following points to oppose the writ application: (1) That the post of Headmaster is not only a teaching post but a Headmaster is to function as administrative head of the institution, which requires knowledge of rules and regulations of School Management framed by West Bengal Board of Secondary Education Act as well as the knowledge of syllabus and curriculum to run the school smoothly and effectively. (2) Education Department, Secondary Branch, Government of West Bengal earlier decided by issuing a G.O. No. 1001-Edn. (S) dated 5th November, 1988 that as the syllabus and curriculum of C.B.S.E. are quite different from those of West Bengal Board of Secondary Education, the teaching experience in an institution recognized by C.B.S.E. could not be accepted for the purpose of appointment of such type of teacher for the post of Headmaster/ Headmistress in any recognized institution of West Bengal Board/Madrasah Board. (3) As the administrative job as is required to be preferred by a Headmaster of a school recognized by West Bengal Board/Madrasah Board, is an essential function, so a teacher having no experience by working in schools not recognized by West Bengal Board/Madrasah Board would not be able to run the school effectively and smoothly. (6.) Respective affidavit-in-replies were filed by the writ petitioners controverting the points as taken in the affidavit-in-opposition. (6.) Respective affidavit-in-replies were filed by the writ petitioners controverting the points as taken in the affidavit-in-opposition. (7.) Learned trial Judge on hearing the arguments of respective parties dismissed the writ application with a cost of 30 G. Ms, payable to the State respondents by the writ petitioners by the judgment dated 17th November, 2005, which reads such: "The subject matter of challenge in this writ petition is the vires of a provision contained in the selection procedure vide notification dated 8th January, 1998, the relevant portion whereof reads as follows: "5 years continuous teaching experience in approval service in a Higher Secondary School/High School/Junior High School/High Madrasah/Senior Madrasah recognized by the West Bengal Council of Higher Secondary Education /The West Bengal Board of Secondary Education/West Bengal Board of Madrasah Education on the date of advertisement". It was contended by Mr. Chanda, the learned advocate, appearing for the writ petitioners, that the provision laying down qualification for a Head Master is unconstitutional because it is violative of the right guaranteed to the citizen under Articles 14 and 16 of the Constitution of India. The writ petitioners claimed to have experience of teaching in the State of Arunachal Pradesh for more than five years in a school recognized under the Central Board of Secondary Education. The writ petitioners, according to them, were born in West Bengal. For the purpose of employment they went to Arunachal Pradesh. They have since come back and want to complete for the post of Headmaster recruited by the School Service Commission, It was submitted that the eligibility laid dawn, quoted above, is unconstitutional. The reasons and/or grounds are to be found in grounds Nos. 2, 3, 4 and 5 in the petition. The ground No. 2 is that there is no intelligible differentia which distinguishes the teachers engaged in a school recognized by the Secondary or Higher Secondary Board of West Bengal and those recognized by other Boards. The third ground is that there is no nexus between the eligibility laid down and the object sought to be achieved. The fourth ground is that in a federal structure, a citizen cannot be debarred from participating in any examination by referring to this kind to eligibility rules and the fifth ground is that the eligibility should be dependent upon the outcome of an examination and should not be based an the standard as laid down. The fourth ground is that in a federal structure, a citizen cannot be debarred from participating in any examination by referring to this kind to eligibility rules and the fifth ground is that the eligibility should be dependent upon the outcome of an examination and should not be based an the standard as laid down. It was submitted on behalf of the State respondents that State is entitled to lay down eligibility criteria for the purpose of filling up the vacancies. And that the Headmaster of a school has to discharge administrative functions besides teaching the students. Only a teacher, having at least five years experience in a school recognized by the Boards of West Bengal, is suitable for the post of a Headmaster. A person who never served in any school recognized under the W.B. Board of Secondary Education or Higher Secondary Education is not suitable because the requisite training of the cult is not there. The qualification and/or the eligibility provided for by the State respondents does not, in my view, offend either Article 14 or Article 16. The question of discrimination does not arise in this case because amongst the teachers who have the requisite five years experience of approved service in a school or Madrasah recognized under the West Bengal Council of Higher Secondary Education or West Bengal Board of Secondary Education or Board of Madrasah Education, no one is sought to be debarred. Article 14 only means this that there should be equality among the equals. Who are equals? The teachers rendering service in schools recognized by the Secondary Board, Higher Secondary Council and Madrasah Board of Education are equals. If any discrimination is sought to be made amongst them, it is only then that one can say that Article 14 is violated. The State in my view has made a classification which is permissible, The object of classification which is permissible. The object of classification is to attain excellence in its sphere which is laudable. If any authority is needed for the view taken by me reference can be made to the judgment in the case of T. Bhaskar Rao v. A. P. P. S. C., reported in 1987 Supp. SCC 587. "What is forbidden by the Constitution is discrimination between persons who are substantially in similar circumstances or conditions. An equal treatment does not arise as between persons and different sets of circumstances. SCC 587. "What is forbidden by the Constitution is discrimination between persons who are substantially in similar circumstances or conditions. An equal treatment does not arise as between persons and different sets of circumstances. It is obviously permissible to classify persons into groups-and such groups may be differently treated if there is a reasonable basis for such difference or distinction" The distinction made, between a teacher having experience of teaching in a school recognized by the West Bengal Board and one having experience of teaching in a school recognized by the Central Board, is real as also reasonable. When these two persons are not equal, where then is the question of enforcing the equality between them. So far as the submission that the Rule offends Article 16,I need only to point out that no discrimination is sought to be made on the basis of religion, race, caste, sex, descent, place of birth, residence of any of them. I do agree with the contentions advanced on behalf of the State respondents that the authority is, in fact, entitled to lay down its own eligibility criteria. The eligibility laid down by them was not shown to be illogical or unreasonable in any way. That, in my view, is the end of the matter. If any authority, needs reference can be made to the views expressed by the Apex Court in the case of Kumar C. Ghosh v. Union of India, reported in 1969 (2) SCC 228 para 9. The learned Advocate, for the writ petitioner, drew my attention to a judgment in the case of J. Panduranga Rao v. Andhra Pradesh Public Service Commission, reported in AIR 1963 SC page 268. That Judgment, to my mind, has no manner of application to the facts and circumstances of this case. The learned Advocate suggested that whether the candidates possess adequate knowledge or experience should be ascertained by putting the same to test and not by condition like the one impugned herein. The following observations made in that judgment is what I suppose he is trying to reach home. "If the object intended to be achieved is that the-applicant should have adequate knowledge of local laws, the usual and proper course to adopt in that behalf is to prescribe a suitable examination which candidates should pass, or adopt some other effective method. The following observations made in that judgment is what I suppose he is trying to reach home. "If the object intended to be achieved is that the-applicant should have adequate knowledge of local laws, the usual and proper course to adopt in that behalf is to prescribe a suitable examination which candidates should pass, or adopt some other effective method. No material has been placed before us to show that the alleged requirement about the knowledge of local laws can be met on the two grounds suggested in support of the validity of the rule. Besides study of general laws prevailing in the country as a whole, and the study of important local laws are generally included in the curriculum prescribed for the law Degree, and obtaining a Law Degree which would entitled a person to be enrolled as an Advocate, in substance, meets the requirement of the knowledge of important local laws". The passage quoted above would show that Their Lordships were convinced that the local laws were also generally part of the curriculum pursued in the study of law. Can it be said that the system prevalent in the schools recognized under CBSE is also the system generally followed in the schools recognized under the local Boards? The answer in my view is "No". Therefore, this judgment does not render any real assistance to the petitioners. For the aforesaid reasons, this writ petition is dismissed with costs assessed at 30 Gems to be paid by the petitioner to the State respondents. Urgent Xerox certified copy of this order, if applied for by the parties, be delivered to them." (8.) In course of hearing of the appeal, Court granted leave to file a supplementary affidavit to the writ petitioners/appellants disclosing the school status wherein the writ petitioners are working by specifying their respective appointment status and identifying the different teaching posts, namely, Senior Teacher, Junior Teacher, Assistant Teacher as classified by the C.B.S.E. Board including the field of work of those teachers of different category. The supplementary affidavit, accordingly, was filed disclosing the particulars thereof, wherefrom it appears that under the Directorate of School Education, Government of Arunachal Pradesh, the schools were categorized in four groups, namely, Primary School to impart education for classes I to V, Middle School to impart education from classes I to VIII, Secondary School to impart education from I to X and Higher Secondary Schools to impart education from classes VI to XII and IX to XII. Category of teachers have been specified as Senior Teacher, Junior Teacher and Assistant Teacher by specifying that minimum educational qualification of a Senior Teacher is 2nd Class Master Degree with B. Ed. who are eligible to teach the students of class IX to XII standard by enjoying a pay scale of Rs. 6,500-200-10,500, the Junior Teacher should be qualified with 2nd Class Graduation Degree with B. Ed. to impart education to the classes I to X on enjoying pay scale of Rs. 5,500- 175-9,000 and Assistant Teacher for non-Arunachali candidate minimum qualification Graduation Degree with B. Ed, to teach the students of classes I to VIII enjoying pay scale of Rs. 4,500-125-8,000. (9.) In course of hearing, a point was taken that there is difference in syllabus and course curriculum of Junior High Schools recognized by West Bengal Board of Secondary Education/West Bengal Madrasah Board vis-a-vis the Central Board of Secondary Education. The Court wanted a positive answer on the issue by analyzing the courses. Learned advocate Mr. Maity appearing for the State respondents submitted that a Committee was set up to compare the syllabus and curriculum of C.B.S.E., West Bengal Board of Secondary Education and the Madrasah Education Board vide order No. 403/JS-II dated 4th April, 2007. The Court directed accordingly to complete the comparative study of the respective syllabus and curriculum of the respective Boards. Committee was constituted by the members, namely. Dr. Rathindra Nath De. Prof. Jyotir Bhuson Dutta and Dr. Swapan Roy. A preliminary report submitted by filing an affidavit by Director of School Education, West Bengal. The report was signed on 16th April, 2007 by the said Committee. Committee was constituted by the members, namely. Dr. Rathindra Nath De. Prof. Jyotir Bhuson Dutta and Dr. Swapan Roy. A preliminary report submitted by filing an affidavit by Director of School Education, West Bengal. The report was signed on 16th April, 2007 by the said Committee. From the report it appears that the mathematics paper is of 100 marks in all the aforesaid three Boards, whereas, in C.B.S.E. Board there is 100 marks for Physical Science (Physics and Chemistry), which is tallying with the full marks of the concerned subject of West Bengal Board of Secondary Education and Madrasah Board, but there is one Life Science subject with 100 full marks introduced by West Bengal Board of Secondary Education and Madrasah Education Board. Under the column "general outlook" the Committee reported: "There is a basic difference in approach between the curriculum and syllabi of the Central Board of Secondary Education and that of the West Bengal Board of Secondary Education and the West Bengal Board of Madrasah Education. The approach of Central Board of Secondary Education appears to cover a large number of information and concept. However, it lacks in many cases, intensive study of the issues particularly in the curriculum and syllabi of Science and Social Science. Whereas, in the syllabus of the West Bengal Board of Secondary Education and the West Bengal Board of Madrasah Education, intensive study is emphasized. In brief, Central Board of secondary Education Syllabi seem to be facts oriented. And this in turn may hinder free thinking and encourages rote learning of students to a great extent. In respect of the mode of Classroom transaction and the day to day administration, the Central Board of secondary Education is likely to be conspicuously different from other two Board, particularly because of difference in the medium of instruction and examination and also because of difference in the nature of syllabi of Science and Social Science." A final report filed ultimately prepared on 18th May, 2007, wherein under "general outlook" the views expressed in the earlier report dated 16th April, 2007, as quoted above, reiterated. (10.) Along with this final report a comparative chart of different course curriculum and syllabus has been detailed. (10.) Along with this final report a comparative chart of different course curriculum and syllabus has been detailed. As in the instant case we are concerned about the writ petitioners who intended to appear in the selection process of Headmaster, wherein the major teaching subjects are Mathematics and Physical Science respectively to teach the students of Junior High School, namely, from classes V to VIII, so this Court has considered only the comparative analysis of those subjects as detailed in the report. (11.) On perusal of the report of Mathematics, it appears that there is no comparative chart with Madrasah Board vis-a-vis the West Bengal Board of Secondary Education and C. B. S. E. but only a chart on taking into account of the curriculum and syllabus of West Bengal Board of Secondary Education and C.B.S.E. The comparison appears as follows: ClassVI ClassVII Class VIII C.B.S.E. W.B.B.S.E. C.B.S.E. W.B.B.S.E. C.B.S.E. W.B.B.S.E. A) The " following units are covered under Mathematics: 1) Number system 2. Algebra 3. Geometry 4. Mensuration 5. Data handling A) The following units are covered under Mathematics: 1. Arithmetic 2. Algebra 3-Geometry A) The following units are covered under Mathematics: 1. Number system 2. Algebra 3. Geometry 4. Mensuration 5. Data handling A) The following units are covered under Mathematics: 1. Arithmetic 2. Algebra 3.Geometry A) The following units are covered under Mathematics: 1. Number system 2. Algebra 3. Geometry 4. Mensuration 5. Data handling 6. Introduction on graph A) The following units are covered under Mathematics: 1. Arithmetic 2. Algebra 3. Algebra 3. Geometry 4. Mensuration 5. Data handling A) The following units are covered under Mathematics: 1. Arithmetic 2. Algebra 3.Geometry A) The following units are covered under Mathematics: 1. Number system 2. Algebra 3. Geometry 4. Mensuration 5. Data handling 6. Introduction on graph A) The following units are covered under Mathematics: 1. Arithmetic 2. Algebra 3. Geometry B) The subject carriers the full] marks of 100 B) The subject carries the full marks of 100 B) The subject carriers the full marks of 100 B) The subject carries the full marks of 100 B) The subject carriers the full marks of 100 B) The subject carries the full marks of 100 C) disciplinary approach is followed C) Disciplinary approach is followed C) disciplinary approach is followed C) Disciplinary approach is followed C) disciplinary approach is followed C) Disciplinary approach is followed D) Individual weightage on units and sub-units are not given D) Individual weightage on units and sub-units are given D) Individual weightage on units and sub-units are not given D) Individual weightage on units and sub-units are given D) Individual weightage on units and sub-units are not given D) Individual weightage on units and sub-units are given (12.) In the remarks column, details comparison of the syllabus and course curriculum of the subjects, namely. Science/ Physical Science for Class VI of C.B.S.E. and West Bengal Board of Secondary Education made, which reads such: "C.B.S.E.: The subjects Physics and Chemistry are taught as integral components of the subject Science, which also contains Life Science in its. The subject Science carries a full mark of 100. The portion of Physical Science (i.e. Physics and Chemistry taken together) contains 4 Themes and 27 Sub-themes/Questions. An integrated approach is followed here in transacting the curriculum of Science. W.B.B.S.E.: The topics of Physical Science and Life Science are combined under the subject General Science. The subject General Science carries a full mark of 100. The physical Science portion contains 5 units and approximately 20 sub-units in it. An integrated approach is followed here." For Class VII, it reads such: "C.B.S.E. The subjects Physics and Chemistry are taught as integral components of the subject Science, which also contains Life Science in it. The subject Science carries a full mark of 100. Physical Science portion contains 4 themes and 29 sub-themes/ questions. An integrated approach is followed here. An integrated approach is followed here." For Class VII, it reads such: "C.B.S.E. The subjects Physics and Chemistry are taught as integral components of the subject Science, which also contains Life Science in it. The subject Science carries a full mark of 100. Physical Science portion contains 4 themes and 29 sub-themes/ questions. An integrated approach is followed here. W.B.B.S.E.: The topics of Physics and Chemistry are combined together and taught as the subject Physical Science. Physical Science carries a full mark of 100. The topics of Physics have more emphasis in Physical Science. The subject Physical Science contains 8 units and approximately 37 sub- units in it. A disciplinary approach is followed here." For Class VIII, it reads such: "C.B.S.E.: The topics of Physics and Chemistry are taught as integral components of the subject Science, which also contains Life Science in it. The subject Science contains 100 marks in it. Physical Science portion contains 4 themes and 44 sub-themes/questions. An integral approach is followed here. W.B.B.S.E.: The topics of Physics and Chemistry are combines together and taught as Physical Science. Physical Science carries a full mark of 100. Physical Science contains 10 units and approximately 67 sub-units. A disciplinary approach is followed here." (13.) Along with the report the comparison chart of other subjects, which are not concerned in this writ application, also was placed. For English, there is no comparison of curriculum and syllabus for Classes V to VIII. A point to be noted that the State Government had withdrawn the English subject for the last 20 years from curriculum of Classes V to VIII d now very recently it has been introduced from primary level. Comparison of syllabus of the General Science/Life Science of West Board of Secondary Education and C.B.S.E. for Class VI reads such: "W.B.B.S.E.: 1. Subject taught as General Science containing Life Science and Physical Science. 2. Total marks = 100 3. Contains 8 units and 62 sub-units (Approx) 4. The approach followed here is an integrated one. C.B.S.E.: 1. Subject is taught as Science containing Physics, Chemistry and Life Science/ Biology. 2. Total marks for Science = 100 3. Contains 6 units and 56 sub-units (Approx) 4. The approach followed here is an integrated one." Class VII, it reads such: "W.B.B.S.E.: 1. Subject taught as Life Science 2. Total marks 100 3. Contains 4 units and 67 sub-units (Approx) 4. 2. Total marks for Science = 100 3. Contains 6 units and 56 sub-units (Approx) 4. The approach followed here is an integrated one." Class VII, it reads such: "W.B.B.S.E.: 1. Subject taught as Life Science 2. Total marks 100 3. Contains 4 units and 67 sub-units (Approx) 4. The approach followed here is an disciplinary one. C.B.S.E.: 1. Subject taught as Science of 100 marks in which components of Physics, Chemistry and Life Science/Biology are there. 2. Life Science/Biology portion carries 4 units and 42 Sub-units (Approx) 3. The approach followed here is an integrated one." Class VIII, it reads such: "W.B.B.S.E.: 1. Subject is taught as Life Science 2. Total marks =100 3. Contains 5 units and 67 sub-units (Approx) 4. The approach followed here is a disciplinary one. C.B.S.E.: 1. Subject is taught as Science of 100 marks in which components of Physics, Chemistry and Life Science/Biology are there. 2. Life Science/Biology portion contains 4 units and 32 subunits (approx) 3. The approach followed here is an integrated one." The chart of curriculum and syllabi of Geography subject endorses a remark on Class VI course, which reads such: "W.B.B.S.E.: The subject Geography is taught in a disciplinary approach containing 100 marks. C.B.S.E.: The subject Geography is taught as a part of combined syllabus of Social Science (of 100 marks) containing both History and Geography." For Class VII, it reads such: "W.B.B.S.E.: The subject Geography is taught in a disciplinary approach containing 100 marks. C.B.S.E.: The subject Geography is taught as a part of combined syllabus of Social Science (of 100 marks) containing both History and Geography." For Class VIII, it reads such: "W.B.B.S.E.: The subject Geography is taught in a disciplinary approach containing 100 marks. C.B.S.E.: The subject Geography is taught as a part of combined syllabus of Social Science (of 100 marks) containing both History and Geography." For Class VIII, it reads such: "W.B.B.S.E.: The subject Geography is taught in a disciplinary approach containing 100 marks. C.B.S.E.: The subject Geography is taught as a part of combined syllabus of Social Science (of l00 marks) containing both History and Geography." For subject History, there is no subjective comparison but unit wise assessment remark has been mentioned in the report, which reads such for Class VI: "Units on W.B.B.S.E. - 31 Units on C.B.S.E.-9 Subject on W.B.B.S.E. - 141 Subject on C.B.S.E. -27" For Class VII, it reads such: "Unit: W.B.B.S.E. - 18 C.B.S.E. -10 Sub-Unit: W.B.B.S.E. - 136 C.B.S.E. - 25" For Class VIII, it reads such: "Unit: W.B.B.S.E. -8 C.B.S.E. - 13 Sub-Unit: W.B.B.S.E. -18 C.B.S.E. - 35" (14.) A supplementary affidavit was affirmed by the appellant on 25th, January, 2008, disclosing the documentary evidence to place the point for consideration by this Court that Central Board of Secondary Education and the Council for Indian School Certificate Examination have not restricted the scope of appointment of Headmaster in schools affiliated by them by specifying teaching experience in a school recognized by any particular Board and on the other hand the same is kept open for any teachers through out the India who have acquired teaching experience in any school irrespective of its affiliation under any Board to hold the post of Headmaster if he is selected on merit. (15.) By a further affidavit documents have been placed to contend that West Bengal College Service Commission also does not discriminate in the matter of appointment in a teaching post by identifying that a candidate should have teaching experience of any College/University from any particular University or any Institution under any particular Board. (15.) By a further affidavit documents have been placed to contend that West Bengal College Service Commission also does not discriminate in the matter of appointment in a teaching post by identifying that a candidate should have teaching experience of any College/University from any particular University or any Institution under any particular Board. (16.) By a supplementary affidavit affirmed on 30th January, 2008, the appellant has prayed for declaration that subsequent notification No. 1228-SE(S)/IS/20/2007 dated 21st September, 2007 so far as Schedule I Serial No. 2 Clause II, whereby the identical provision made byway of a rule, namely, West Bengal School Service Commission (Selection of Person for Appointment to the Post of Teachers) Rules, 2007 as ultra vires to Article 14 and 16 of the Constitution of India, which prohibits prohibition of selection of teachers in the post of Headmaster who have acquired such experience in a school other than Secondary School/ High School/High Mardarsah/Junior High School/ Junior High Madrasah/Senior Madrasah recognized by West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/West Bengal Board of Madrasah Education for the post of Headmaster of a Junior High School/Junior Madrasah similar to the earlier Rule, 2006 under challenge in the writ application. (17.) As the concerned rule, which was under challenge in the writ application, during pendency of the appeal, was modified and changed by a new Rule of 2007, the Court allowed to file supplementary affidavit for consideration of its legality and validity on the ultra vires point as raised. (18.) Said Rule, 2007, is similar to the Rule, 2006, which was under challenge, is mentioned herein below: Under Rule 7, manner of selection has been prescribed, which provides the procedure for selection for the post of Headmaster or Headmistress of Junior High School or Junior High Madrasah stipulating a procedure of written examination, evaluation of qualifications and experience of the candidates concerned and personality tests in the manner stipulated thereto, which reads such: "Selection to the post of Headmaster or Headmistress of Junior High School or Junior High Madrasah shall be made on the basis of written examination, evaluation of qualifications and experience of the candidates, personality tests to be determined by the Commission in the following manner: (a) Written Examination .... 55 marks (b) Academic qualifications including Professional qualifications .... 25 marks (c) Higher qualifications (marks to be allotted As per the break-up detailed below): .... 55 marks (b) Academic qualifications including Professional qualifications .... 25 marks (c) Higher qualifications (marks to be allotted As per the break-up detailed below): .... 3 marks (i) M. Phil. .... 2 marks (ii) Ph.D. (candidate having Ph.D. .... 3 marks shall not get any Extra credit for having M. Phil.) (d) Experience in teaching (marks to be Allotted as per The break-up detailed Below): .... 7 marks Experience Marks (i) five years Nil (ii) above five years but upto 3 marks Fifteen years (iii) above fifteen years but upto Twenty years 5 marks (iv) above twenty years 7 marks (e) Personality Test - ....10 marks (Appearance before the Personality Test Board is Compulsory) Note.- The academic qualifications including professional qualification for selection to the post of Headmaster or Headmistress of Junior High School or Junior High Madrasah shall be evaluated in accordance with Table 1 of Part D of this Schedule." (19.) Rule 13 is the rule providing the procedure for selection of candidates and preparation of panel for the post of Headmaster and Headmistress, which reads such: "13. Selection of candidates and preparation of panel for the post of Headmaster/ Headmistress/ Superintendent - (1) The Central School Service Commission shall, on receipt of the information about vacancies of posts of Head Master or Head Mistress or Superintendent of Senior Madrasah, as the case may be, advertise for each of such vacancies regionwise, with qualification, age and other requirements as per Schedule I and no candidate shall be permitted to apply in more than one region in a Regional Level Selection Test for Headmaster/Head Mistress/ Superintendent etc. within the territorial jurisdiction of the concerned Regional Commission. (2) All Regional Commissioners shall prepare a list of eligible candidates for the post of Headmaster/Headmistress/Superintendent and shall forward a copy each of the application forms received by them within their territorial jurisdiction to the Central Commission for the purpose of preparation of a computer generated database of all the candidates of the State and issuance of admit cards for written examination. (3) The Regional Commission shall arrange written examination under the supervision and control of the Central Commission. (4) The Central Commission shall determine number of papers for written examinations, contents of each paper, duration of examination and other matters relating to the Regional Level Selection Test. (3) The Regional Commission shall arrange written examination under the supervision and control of the Central Commission. (4) The Central Commission shall determine number of papers for written examinations, contents of each paper, duration of examination and other matters relating to the Regional Level Selection Test. (5) The Central Commission shall decide the procedure and the manner of conducting the Regional Level Selection Test by the respective Regional Commission, and shall issue detailed instructions in this regard in accordance with the provisions of the Act and the rules made thereunder: Provided that the Central Commission shall hold a meeting with the Chairperson of the Regional Commissions before the instructions are issued. (6) After the evaluation of the answer sheet of the written examination, each Regional Commission shall prepare a medium wise list of the candidates, who shall be qualified for personality test on the basis of the marks obtained by him in the written examination, evaluation of academic and professional qualification, and teaching experience (to be calculated on the basis of statement made in these regard by a candidate at the time of submission of the application form) taken together. Provided that the number of qualified candidates to be called for the personality test shall not exceed two times the number of actual vacancies published at the time of declaration of the result of written examination: Provided further that if the marks of the last position of the qualified list of candidates shall be same for more than one candidate, all such candidates obtaining same marks at the position shall be called for the personality test. (7) After preparation of the list of qualified candidates, each Regional Commission shall call the candidates for personality test through registered post or speed post mentioning the date, time and venue of Personality Test: Provided that the candidate can also obtain such information through the website of the Commission and from the Offices of Central Commission and the concerned Regional Commissions. (8) Each Regional Commission shall, on the basis of the marks obtained in the written examination, evaluation of the academic qualification and teaching experience, as stated in sub-rule (6) and marks obtained in the personality test, all added together, and on the basis of the guidelines issued by the Central Commission, prepare strictly in order of merit,-(a) a panel of candidates found fit for recommendation and each such panel shall include names equal to the number of vacancies referred to in sub-rule (1) of rule 8, and (b) a waiting list. (9) If more than one candidate obtain the same aggregate (total marks), the merit position of the candidates shall be determined according to their date of birth, i.e. candidates with earlier date of birth shall be preferred, and if the aggregate and also the date of birth shall be the same, the candidates obtaining higher academic score shall be preferred; and if the aggregate, date of birth and also the academic score shall be the same, the candidates obtaining higher marks in written examination shall be preferred. (10) The Central Commission shall publish such panel and waiting list of candidates in the Commission Website and the notice board of the respective Regional Commission as well as the Offices of the respective District Magistrates." (20.) Schedule I is the relevant schedule, which is under challenge, mentioned under the said rule whereby the qualification has been prescribed under Serial No. (ii) of the said schedule for the post of Headmaster/ Headmistress of Junior High School/Junior High Madrasah, which reads such: (ii) Five years continuous teaching experience in approved service in a Higher Secondary School/High School/High Madrasah/Jr. High School/Jr. High Madrasah/Senior Madrasah recognized by the West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/West Bengal Board of Madrasah Education on the date of advertisement. High School/Jr. High Madrasah/Senior Madrasah recognized by the West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education/West Bengal Board of Madrasah Education on the date of advertisement. Desirable: Knowledge of Islamic studies and Culture for the post of Headmaster/ Headmistress of Junior High Madrasah." (21.) The earlier rule for Selection of Person for Appointment to the Post of Headmaster being Rule of 2006, which was under challenge framed by West Bengal School Service Commission under the name and style The Selection of Person for Appointment to the Post of Teachers Rules, 2006", provided identical selection procedure for written examination, evaluation of qualifications and personality test with identical embargo on teaching experience as has been provided under Schedule I Clause 2(ii) in the Rule, 2007. In the writ application the same under challenge. (22.) To adjudicate the point raised, we have to consider the function of the Headmaster of a Junior High School/Junior High Madrasah consisting of Classes V to VIII and the teaching post attached to the post of Headmaster by detailing the staff pattern of the Junior High School under West Bengal Board of Secondary Education, Junior High Madrasah under Madrasah Board. It appears that in a Junior High School, there are six sanctioned post and one additional post and out of which two posts are of Language Group, two posts are of Science Group (one Physical Science and another Bio Science), two posts are of Social Science Group (one History another Geography) and one post is for Physical Education and Work Education. (23.) In a Junior High School recognized by West Bengal Board of Secondary Education (Junior High School of West Bengal Board of Secondary Education is considered as the writ petitioners applied for the post of Headmaster of such type of school), there is no separate post of Headmaster/ Headmistress but the post is included in the teaching cadre of the school, which means that out of six basic teaching posts of a Junior High School one post is kept for the post of Headmaster, whereby a candidate is appointed having academic qualification in the concerned teaching subject of the teaching post, which is vacant. As for example, suppose in a school in the staff pattern, the post of Physical Science remains vacant and at the same time there is no Headmaster in the said school, the applications are invited for appointment of a candidate in the post of Headmaster who would satisfy the qualification of vacant teaching post as well as a Master Degree in that teaching subject, which is the prime basic qualification for the post of Headmaster. (24.) Under the staff pattern of the Junior High School, all the teaching posts including the post of Headmaster/Headmistress belongs to teaching cadre. In a Junior High School, accordingly, there are two cadres, one is teaching cadre and another is non-teaching cadre. (25.) The function of the teachers of a secondary school, which is applicable to a teacher of Junior High School as circulated by Circular No. S/1110 dated 25th August, 1987 issued by the Secretary, West Bengal Board of Secondary Education reads such: "WEST BENGAL BOARD OF SECONDARY EDUCATION Circular No. S/1110 Dated: 25.8.1987 To: The Heads of All Secondary Schools under this Board. Sub: Duties and Functions of teachers of a Secondary School. The undersigned is directed to state that the Board for some time past had been moved to clarify the duties and functions of a teacher of a Secondary Schools-such as invigilation duty in examinations of the School, evaluation of answers scripts, works relating to publication of results, writing of progress reports etc. The matter was placed before the 24th meeting of the Board dated 18th December, 1986 as it involves the educational process as a whole. After prolonged deliberations on all aspects of School education it was resolved that all works and activities centering round the education of a student -such as teaching in class room followed by setting of question papers, invigilation duty in examination room, evaluation of answer scripts, recording of marks, writing of progress reports and performing invigilation duties in examinations conducted by the Board and other duties related to the process of School education fall within the bounden duties and functions of a teacher serving in a Secondary School. The Heads of Institutions are requested to bring this Circular to the notice of all concerned. The Heads of Institutions are requested to bring this Circular to the notice of all concerned. (26.) The power and function of the Head of the Institution while working in the administrative field dealing with the management of the institution in terms of the Management Rules known as Rules of Management of Recognized Non-Government Institution (Aided and Unaided) Rules, 1969, hereinafter for brevity referred to as "Management Rules, 1969", and the other function as were not statutorily defined have been compiled under the heading "Powers and Functions of the head of the Institution" and it was published in the Headmaster Manual at page 1177 to 1179 (Headmaster Manual, printed and published by West Bengal Headmasters Association), which reads such: "So far as administrative power is concerned, the Revised School Code of the Calcutta University has stated the scope and limitation in exercising the power of the Heads of the Institution. But since disassociation of Secondary Education with the Calcutta University and the responsibility of guiding Secondary Education has since been transferred to the West Bengal Board of Secondary Education, the guidelines indicated by the Calcutta University have naturally lost its force and significance. However, the guidelines as indicated therein, are quoted below for information and guidance, if necessary. The Headmaster or Headmistress shall prepare the annual list of holidays in consultation with the Committee. The number of holidays shall not exceed the sanctioned limit given by the Board of West Bengal Secondary Education. The Heads of Institution in consultation with the Secretary may also grant Holidays and Half-holidays on special occasions. The conduct of current business of the school, such as arrangement of games, time table, examinations, class promotions, selection of candidates for M.P./H.S. Examination and all matters relating to School discipline and teaching staff be left entirely with the Headmaster, provided that in all cases of rustication or expulsion, the decision of the Headmaster shall require the approval of the committee. The West Bengal Board of Secondary Act of 1963 formulated rules for management of recognized Non-Govt. Institutions (Aided and Unaided) and in the revised rules of 1969, certain fresh steps are to be taken towards management of the Institutions. We do not find any concrete and clear picture of the power and function of the Headmaster in the management and administration of the school affairs. Institutions (Aided and Unaided) and in the revised rules of 1969, certain fresh steps are to be taken towards management of the Institutions. We do not find any concrete and clear picture of the power and function of the Headmaster in the management and administration of the school affairs. However, the following may be made from the narration of the rules and the provisions made therein: i) The Headmaster or Headmistress is an ex-officio member of the Management Committee. [It means, so long he or she is the person- in-charge of the office, he or she will remain a member of the M.C.]. ii) The Headmaster or Headmistress has the right to be elected Secretary of the Managing Committee. iii) That if the Headmaster or Headmistress is not appointed Secretary, he/she shall be the Joint-Secretary as per provision. iv) The Headmaster or Headmistress, in the capacity of Joint Secretary shall perform such duties as may be assigned to him or her by the Committee. (Committee here means the decision of the Managing Committee arrived at its meeting). v) In the temporary absence of the Secretary, the Headmaster or as Joint-Secretary may convene a meeting of the Managing Committee. vi) The Headmaster or Headmistress is the custodian of all school records by virtue of his/her position, as the officer or person in- charge of the office of the School, if not otherwise resolved by the Managing Committee of the school. vii) The Headmaster or Headmistress by virtue of his/her position over the office, is overall responsible for internal administration of the School, unless and until it comes into contradiction with any of the powers and functions of the Managing Committee. viii) The Headmaster or Headmistress by virtue of his/her position shall forward such matters from the staff, Students and guardians of the School for consideration of the Managing Committee, as he or she deems fit and proper. [The Managing Committee cannot and should not entertain any application or hearing from anybody, unless otherwise forwarded by the Head of the Institution]. ix) The Headmaster or Headmistress may grant casual leave to the staff, if duly applied for. x) The Headmaster or Headmistress may declare a special holiday concerning to death of any prominent person or for any special occasion of the school in consultation with the Secretary of the school. ix) The Headmaster or Headmistress may grant casual leave to the staff, if duly applied for. x) The Headmaster or Headmistress may declare a special holiday concerning to death of any prominent person or for any special occasion of the school in consultation with the Secretary of the school. xi) The Head of the Institution will act as President of the Staff Council and Academic Council of the school. xii) The Headmaster or Headmistress of the school shall, ordinarily be guided by the Academic Council in matters of (i) admission, (ii) Promotion, (iii) selection of Text Books, (iv) time-table of school hours, (v) measurers relating to improvement of teaching and co-curricular activities. But the Head of the Institution may, for reasons to be recorded in writing, override the advice of the Council (subject to the final decision of the M.C.. if referred to). xiii) The Headmaster or Headmistress will take such steps towards formation of the Managing Committee of the School within provision of rules, unless otherwise directed by the Managing Committee, or the Administrator or by the Board. xiv) The Head of the Institutions in the capacity of Joint-Secretary shall operate all School accounts, as one of the operators of the same, the other operator being the Secretary of the School. The Salary Deficit A/c of the school will be operated jointly by an elected Teachers representative and by the Head of the Institution or Secretary or Administrator. xv) The Headmaster or Headmistress shall prepare school accounts with the help of clerks or office assistants and if the responsibility is transferred to Asstt. Headmaster/Asstt. Headmistress, he or she will countersign the records, unless otherwise directed by the Managing Committee of the schools. The Account should also bear signature of the office assistant or Asstt. Headmaster, as the case may be. xvi) All Schools records including Grant-in-aid application should bear signature of the Head of the Institution along with the same of the Secretary or Administrator. xvii) The Head of the Institution may record the time of his/her arrival and departure along with his signature in the first column of the Attendance Register of the Teachers, or put his/her signature in the verifying column, reserved for his/her. xvii) The Head of the Institution may record the time of his/her arrival and departure along with his signature in the first column of the Attendance Register of the Teachers, or put his/her signature in the verifying column, reserved for his/her. xviii) The Headmaster or Headmistress being Head of the Teaching Staff of the School is entitled to supervise teaching affairs of the teachers; and the teaching staff will have to work under his/her guidance. xix) The Headmaster or Headmistress can exercise his/her voting right in the Election of members of Teachers and non-teaching staff representative for the Managing Committee. xx) The Head of the Institution may exercise his or her voting right in the Election of Secretary of the Staff Council. xxi) The Head of the Institution may record his/her opinion in the case of making any decision for appointment, confirmation, dismissal, suspension and extension of service of any staff of the Institutions and any disagreement may also be recorded as a note of dissent. xxii) The Head of the Institution, by virtue of his/her position as the person-in-charge of the office of the Institution holds power of supervision over the office-staff and as such, the office-staff is bound to obey his/her instruction. xxiii) The Head of the Institution, by virtue of his/her position as head of the teaching and non teaching staff, may draw proceedings against the action of any member of the staff, for consideration and decision of the Managing Committee. xxiv) The Headmaster or Headmistress is given no right to take any disciplinary action against any teacher and non-teaching staff, in the shape of asking for explanation or placing them under suspension without any direction of the Managing Committee. xxv) The Secretary cannot direct the Head of the Institution to follow his instruction unless resolved by the M.C. xxvi) While preparing the list of Holidays of the year, the Headmaster may keep at least five days reserved for his discretionary decision so as to utilize the same if and when required, of course with the approval of the M.C./Administrator. xxvii) The Head of the institution is entitled to suspend the class or classes on the dates of Physical Education and Work Education Examinations with the approval of the Academic Council and the M. C. Approval here does not mean prior approval. xxvii) The Head of the institution is entitled to suspend the class or classes on the dates of Physical Education and Work Education Examinations with the approval of the Academic Council and the M. C. Approval here does not mean prior approval. - Editor" (27.) Hence, on the reflection of the duties and functions of the Headmaster in terms of the Management Rules, 1969 and other administrative function not statutorily defined and/or stipulated including the function of the Headmaster holding the post within the teaching cadre of the school to teach the subject of his qualification relating to the staff pattern of the school will give an answer to the issue we are dealing with, namely, whether the impugned rule of the writ application as well as the subsequent rule putting an embargo to the aspiring candidates for the post in question who have acquired teaching qualification in a school not recognized by West Bengal Board of Secondary Education or West Bengal Madrasah Education Board or West Bengal Council of Higher Secondary Education is justified on the acid test of Article 14 of the Constitution of India, which mandates the equality in treatment with exception identifying any classification as valid on satisfaction of factors, namely, object as to be sought for and the nexus with such object about such classification to treat otherwise by declaring them unequals. (28.) The only point has been taken in the affidavit-in-opposition by the respondents, the State Government and the West Bengal Secondary Board that the syllabus and curriculum are different in respect of the schools recognized by the aforesaid three Boards/Council vis-a-vis the Central Board of Secondary Education and other Boards relating course study for the Classes V to VII standard. (29.) The respondents have relied upon the report of said Committee before us. The concerned post of Headmaster of Junior High Schools concerned, which was considered for selection relates to subject teacher of Physics and Mathematics, so we have limited our discussion in this judgment by analyzing the courses of the aforesaid two subjects only. (29.) The respondents have relied upon the report of said Committee before us. The concerned post of Headmaster of Junior High Schools concerned, which was considered for selection relates to subject teacher of Physics and Mathematics, so we have limited our discussion in this judgment by analyzing the courses of the aforesaid two subjects only. (30.) It appears that so far as the Mathematics is concerned, there is in fact no distinguishing features relating to the difference of the syllabus and curricula, which to be taught to the students of Class VI to VIII as has been discussed by the Committee set up for determining the comparative differences of the course and curricula of C.B.S.E. v. West Bengal Board of Secondary Education. Said point we have discussed in the earlier paragraph detailing the reports and the comments. So far as the Physics subject is concerned, there is also no material difference, save and except a little chapter. It is surprising that no distinguishing features on critical analysis of the courses of Central Board of Secondary Education vis-a-vis the West Bengal Madrasah Board has been discussed in the said report. (31.) From the remarks of said report, so far as the course of Mathematics subject, it appears that in Class VI under Central Board of Secondary Education, there are total 5 units, whereas, West Bengal Board of Secondary Education covers only 3 units leaving aside the mensuration and data handling. So far as the Class VII is concerned where C.B.S.E. follows 5 units, West Bengal Board of Secondary Education has adopted 3 units. So far as the Class VIII is concerned, the C.B.S.E. is covering 6 units, whereas West Bengal Board of Secondary Education is covering only 3 units and thereby the Central Board of Secondary Education is covering the more subject area of Mathematics under the heading "mensuration, data handling and introduction on graph". The subject marks of both the aforesaid two Boards in respect of the said Classes is 100. The disciplinary approach is followed by the said two Boards and individual weightage system is also followed by the said two Boards. The subject marks of both the aforesaid two Boards in respect of the said Classes is 100. The disciplinary approach is followed by the said two Boards and individual weightage system is also followed by the said two Boards. Hence, on the basis of the comparative chart, we are not finding any distinguished features to differentiate the course and curricula of the subject Mathematics in respect of the Classes VI standard to VIII standard of the said two Boards, namely C.B.S.E. and W.B.B.S.E. (32.) So far as the Physics subject is concerned, when the C.B.S.E. Board for Class VI standard student covers the subject area containing 4 themes and 27 sub-themes. West Bengal Board of Secondary Education covers 5 units and 20 sub-units and the approach to transact the curricula by the said two Boards are identical, namely, integrated approach. So far as the Class VII standard is concerned, C.B.S.E. covers 4 themes and 29 sub-themes with integrated approach to transact the curriculum, whereas West Bengal Board of Secondary Education covers 8 units and 37 sub-units with disciplinary approach, which having a little variation with identical marks of subject as 100. For Class VIII standard, C.B.S.E. course curricula contends 4 themes and 44 sub-themes approaching the subject under integral approach concept, whereas West Bengal Board of Secondary Education covers 10 units and approximately 67 sub-units having no variations in the course curricula in respect of the approach, namely, the disciplinary approach with identical full marks of 100. (33.) Hence, having regard to those comparative analysis it appears that a teacher qualified with the teaching experience in a school recognized by Central Board of Secondary Education, wherein his subject to impart education is Mathematics and a teacher experienced to impart the education in Physics subject in the C.B.S.E., acquires a complete identical experience, which is being experienced by a teacher to impart education those subjects in a school recognized by West Bengal Board of Secondary Education. (34.) Under the "General Outlook" heading, the Committee made comments, which has already been quoted in extenso in the earlier paragraphs that class room transaction and day to day administrations are different in between the two Boards, namely, C.B.S.E. and W.B.B.S.E. in view of difference of medium of instruction and the examination procedure. The medium of instruction for C.B.S.E. is English, whereas for W.B.B.S.E. it is Bengali. The medium of instruction for C.B.S.E. is English, whereas for W.B.B.S.E. it is Bengali. In the instant case, both the two writ petitioners qualified themselves with the Post Graduate Degree in Science (Mathematics and Physics respectively, as the case may be) from different Universities as earlier stated, passed their Graduation from respective Colleges, Higher Secondary and Secondary level education were completed from the schools recognized by West Bengal Board of Secondary Education/West Bengal Council of Higher Secondary Education, as the case may be. Their mother language is Bengali. As such, the present writ petitioners are concerned, they will not face any problem to teach the students in Bengali medium rather they will be more beneficial to the students as they have a sound foundation to teach in English medium in a school recognized by Central Board of Secondary Education. In the Post Graduate Course of Physics and Mathematics leading to the degree of M. Sc., the medium of teaching is English and a teacher of West Bengal Board of Secondary Education who have qualified himself with five years teaching experience by imparting education in a Junior High School also is qualified with the same subject discipline in the Post Graduate level by acquiring the knowledge of the subject in English medium. Hence, there is no basic difference in acquiring the knowledge of teaching subject. However, even if it is considered that mode of imparting education, i.e. teaching mode/medium since is Bengali, the School Service Commission may test the capability of a teacher qualified with five years teaching experience in a school recognized by the Central Board of Secondary Education/other Boards about his knowledge in Bengali language and his capability to express the teaching subject in Bengali while interviewing a candidate and also while holding the written examination, which is a condition precedent of selection by School Service Commission. This Court accordingly is not finding any basic difference as would be an embargo of a teaching staff acquired teaching experience from a school of Central Board of Secondary Education or other Boards to impart education in the subjects Mathematics and Physics under Physical Science Group. This Court accordingly is not finding any basic difference as would be an embargo of a teaching staff acquired teaching experience from a school of Central Board of Secondary Education or other Boards to impart education in the subjects Mathematics and Physics under Physical Science Group. (35.) The object and purpose of imparting education to the students of tender age who are of Classes V to VIII standard, is to make them aware about the knowledge of concerned discipline and the inner concept of the subject by highlighting the different problems and solutions thereof, relating to the concerned subject and to induce an interest in the subject by class lectures. When the object is clear and the subject of teaching is identical, this Court is not finding any nexus to the object sought for to disqualify the candidates qualified with the teaching experience in a school recognized by Central Board of Secondary Education or other Boards by the impugned rule from the zone of consideration for the post of Headmaster of a Junior High School. (36.) So far as the administration part is concerned, which also is required to be looked into by a Headmaster of the Junior High School, it appears that from different functions of the Headmaster, some functions are statutorily identified by the Management Rules, 1969, relating to the management of the school and there are other non-statutory function, namely, keeping accounts, supervision etc. A teacher of a Secondary School or a Junior High School recognized by West Bengal Board of Secondary Education/Madrasah Board during his tenure of five years service, a minimum eligible teaching experience period for the post of Headmaster, may gather an experience being elected as a teacher representative in the Managing Committee of the school, if by his volition he contests as a candidate from teachers group or may not. The experience as a teachers representative in a Managing Committee is not the stipulated qualification for the post of Headmaster under any rule and in the rule framed by the West Bengal School Service Commission, there is no such provision. The experience as a teachers representative in a Managing Committee is not the stipulated qualification for the post of Headmaster under any rule and in the rule framed by the West Bengal School Service Commission, there is no such provision. A teacher even if being qualified with teaching experience for said post of Headmaster by imparting education in a school recognized by West Bengal Board of Secondary Education/Madrasah Board may not have such administrative experience to deal with the functions as detailed in the Management Rules, 1969, which requires to be performed by the Headmaster, but he learns the subject of school administration after being appointed in the post of Headmaster. As such, a teacher who acquired teaching experience by imparting education in a school recognized by Central Board of Secondary Education even if has no administrative experience being a teachers representative of any Managing Committee, may acquire such knowledge, which is not so complex after being appointed as Headmaster of a Junior High School recognized by West Bengal Board of Secondary Education. As such, such administrative function as has been highlighted by the respondents to identify the difference has no legal basis and foundation and did not satisfy the nexus theory to form different class. (37.) Having regard to the equality clause in terms of Article 14 of the Constitution of India and having regard to the riders for applicability of reasonable classification to counter the object of Article 14 of the Constitution of India, we are not finding any reasonable basis to classify the two teaching groups; (1) having experience in a school recognized by C.B.S.E. and (2) other experienced to teach in a school recognized by/West Bengal Board of Secondary Education/Madrasah Board. There is no reasonable basis and nexus to the object sought for. Accordingly, impugned rule under challenge did not fulfill the acid test of such classification under anvil of Article 14 of the Constitution of India in between the two groups of teachers having teaching experience in different schools under different Boards as discussed. The impugned rule, accordingly, is a breach of Article 14, namely, the equality clause by discriminating one class of teachers from other class of teachers in the matter of employment in the post of Headmaster, where both are equals so far as teaching capability and teaching experience is concerned to hold the post of Headmaster of a Junior High School. The impugned rule, accordingly, is a breach of Article 14, namely, the equality clause by discriminating one class of teachers from other class of teachers in the matter of employment in the post of Headmaster, where both are equals so far as teaching capability and teaching experience is concerned to hold the post of Headmaster of a Junior High School. (38.) Learned advocate for the appellants relied upon the following judgments, namely, Panduran Rao v. Andhra Pradesh Public Service Commission, reported in AIR 1963 SC 268 , Gangaram Mulchandnani v. State of Rajasthan, reported in 2001 (6) SCC 89 , Deepak Sibal v. Punjab University and Anr. reported in 1989 (2) SCC 145 and V. N. Sunanda Ready and Ors. v. State of A.P. and Ors., reported in AIR 1995 SC 914 , in support of his case. (39.) Having regard to our findings and observation as we have identified the issue that there is no material difference so far as the subject and curricula is concerned in respect of teaching course of Mathematics and Physics of a school imparting education to the Classes V to VIII standard irrespective of recognition of school either by West Bengal Board of Secondary Education/ Madrasah Board or Central Board of Secondary Education by applying primary scrutiny level of judicial review and there is no difference in the process of acquiring teaching experience by respective teaching staff, the point as raised to distinguish the two classes of teachers by the respondents fails and on the issue of administrative experience as urged it has also no basis and nexus to the object sought for in view of our discussion, which reflects that even a teacher of Junior High School imparting education to the students of Classes V to VIII standard recognized by West Bengal Board of Secondary Education/ Madrasah Board may not have a chance to gather an administrative experience, as such, administrative experience issue has no relevancy to differentiate the teaching staff of different schools recognized by Central Board of Secondary Education for their selection to the post of Headmaster of a Junior High School under West Bengal Board of Secondary Education, which is the subject matter of this case. (40.) In the angle of "proportionality doctrine", the test of "primary scrutiny level" also could be applied to identify the classification made under impugned rule whether discriminatory under Article 14 of the Constitution of India, which is permissible to apply following the judgment passed in the case Om Kumar and Ors. v. Union of India, reported in (2001) 2 SCC 386 as referred to in the case State of U.P. v. Johri Mal, reported in (2004) 4 SCC 714 . On application of principle, we are of the view that legislation debarring the petitioners is discriminatory as there is material difference of two groups of teachers as observed earlier in the matter of their qualification of "teaching experience" for the post of Headmaster of concerned school, we are concerned in this case. (41.) Writ application accordingly is allowed, impugned judgment under appeal is set aside and quashed as the finding of learned trial Judge identifying two unequal group is not legally sustainable in the angle of primary scrutiny test. Impugned rule of writ application being Rule, 2006 and the subsequent Rule of 2007 impugned, which has been assailed before us by filing the supplementary affidavit also accordingly stand set aside and quashed, so far as debarring clause of counting teaching experience as Assistant Teacher of schools recognized by other Boards. (42.) It is declared that writ petitioners are entitled for consideration of their candidature by the West Bengal School Service Commission for the post of Headmaster in accordance with the procedures of selection by following the written test, interview etc. as being conducted by West Bengal School Service Commission by considering their teaching experience countable for the post. The appeal is, thus, allowed. Manik Mohaa Sarkar, J.-I agree. Later: After the judgment is delivered, Mr. Subrata Mukhopadhyay, learned advocate appearing for the learned Advocate General, prays for stay of operation of the judgment. Stay, as prayed for, is refused. Urgent xerox certified copy of this order, if applied for, be given. Appeal allowed