JUDGMENT : 1. Petitioner admittedly had been appointed as Assistant Teacher on temporary basis on a consolidated pay of Rs. 1000/-, likewise respondent No. 4 too had been appointed on 16.08.2010. 2. One sanctioned post of Assistant Teacher became available in the year 2014, advertisement notice was issued on 11.03.2014. Amongst the others, petitioner and respondent No. 4 had also applied. In the list, petitioner in the order of merit stood at Sl. No. 1 whereas, respondent No. 4 at Sl. No. 2. The case of the petitioner for appointment against the said sanction post was forwarded for approval for respondent No. 2 who declined on the ground that the petitioner in the year 2014 was +35 years of age, faced with the same position, petitioner filed WP(C) No. 40 of 2015, which was disposed of vide judgment dated 01.06.2016 with a direction to respondent No. 2. In the said petition, respondent No. 4 was not a party, the respondent No. 4 filed a writ appeal against the said judgment bearing No. 16 of 2017 which was allowed vide judgment dated 11.10.2017. The order dated 01.06.2016 was set aside, WP(C) No. 40 of 2015 as such was to be reconsidered by the learned Single Judge. This is how this petition has come up for consideration. 3. Admittedly, as per "Fundamental Rules" the candidate must be not above 35 years of age at the time of advertisement viz-a-viz general category. Learned counsel for the petitioner could not show any rule empowering relaxation of age. 4. When the petitioner has been rendering service in the same school right from the year 2004, equally true about respondent No. 4 who has been rendering service from the year 2010 then, at the time of availability of sanction posts are they required to satisfy the age criteria. 5. During the course of arguments, learned counsel for respondent No. 3 Mr. R. Choudhury did show concern by highlighting that normally, it used to be a practice that the candidates selected and engaged on consolidated basis as Assistant Teachers in the school then on sanction when posts become available as a matter of course in order of seniority, the Assistant Teachers working on consolidated basis were recommended to be absorbed. In the instant case, surprisingly an advertisement had been issued. 6. In the instant case, surprisingly an advertisement had been issued. 6. For advancing the cause of justice in the background, peculiar facts and circumstances of this case, it is required to be ascertained as to what has been the practice and as to whether it has statutory backing. In the first instance, learned counsel Mr. R. Choudhury may place on records an affidavit so as to indicate therein as to what has been the practice and how many teachers engaged on temporary basis on a consolidated pay were absorbed in the school, he seeks two weeks time, granted. 7. In the meanwhile, learned counsel for the petitioner may also ascertain as to whether there is any rule or regulations providing for relaxation of age criteria. 8. List again after two weeks.