JUDGMENT : 1. Affidavit-In-Opposition, Reply and written notes of argument are taken on record. 2. After mature consideration, on instructions, learned advocate for the petitioners abandons prayer (b) of the writ petition. Accordingly, no certiorari is issued so far as the records of the recruitment process are concerned. 3. This writ petition has been instituted principally for the following reliefs: "(a) Issue a writ of or in the nature of mandamus directing the respondent authorities directing the respondent authorities to immediately publish the full panel of the recruitment process arising out of notification dated 26.09.2016 bearing memo no.2202/BPE/2016; (b) A writ in the nature of mandamus directing an independent investigating committee comprising of legal and academic luminaries to enquire and investigate into the recruitment process arising out of Notification dated 26.09.2016 bearing memo no.2202/BPE/2016;" 4. At the outset, Mr. Sanyal, learned advocate appearing for the Board, Mr. Vaisya, learned Additional Government Pleader appearing for the State leading Mr. Das and Mr. Basu Mallick, appearing for the District Primary School Council, Uttar Dinajpur took the point that once the writ petitioners asked for publication of the full panel of the recruitment process arising out of the notification dated 26/09/2016 in prayer (b) it was no longer open to them to ask for investigation of the recruitment process and in effect challenge the notification. 5. I have found some force in such submission and thus, recorded while commencing hearing today that the petitioners on mature consideration have instructed their learned advocate to abandon prayer (b). The writ petition, therefore, survives only for prayer (a). 6. It is trite that a writ petition must be heard and decided on the pleadings contained in it and for this purpose any evidence that the petitioner wishes to produce must be disclosed as enclosures/annexures to the writ petition. Considering the writ petition strictly on the above basis, I find that the writ petitioners have made out a specific case as follows: "4. Your petitioners state that all petitioners' mother tongue is Urdu and the petitioners studied in Urdu medium. They possess all the necessary educational qualifications which are required for appointment as primary teachers in the state of West Bengal. 5. Your petitioners state that they have duly qualified the Teachers Eligibility Test (TET) in the year 2014 and subsequently the petitioners have become qualified to become primary teachers in the state of West Bengal. They possess all the necessary educational qualifications which are required for appointment as primary teachers in the state of West Bengal. 5. Your petitioners state that they have duly qualified the Teachers Eligibility Test (TET) in the year 2014 and subsequently the petitioners have become qualified to become primary teachers in the state of West Bengal. Thereafter the petitioners applied for appointment for the post of primary teachers and each of the petitioners deposited Rs.200 to the office of the West Bengal Board of Primary Education. All the petitioners appeared before the interview board on 27.10.2016 at the Karnajora High School Uttar Dinajpur. Photostat copies of the TET results of the petitioners are annexed herewith and marked with letter "P1"collectively. 6. Your petitioners state that the petitioners belong to the OBC-A category, they have come from Muslim community. Photostat copies of the certificates indicating reserved status of the petitioners are annexed herewith and marked with letter "P-2"collectively. 7. Your petitioners state that on 26.09.2016, a notification was issued by the West Bengal Board of Primary Education, bearing Memo No.2202/BPE/2016, titled, "Appointment Notification for Primary Teachers". In the said notification, vacancies for various districts of West Bengal were listed along with the marking system of the candidates by the Selection Committee. It was also stated in the notification, inter alia, that candidates belonging to reserved categories, i.e. SC/ST/OBC-A/OBCB/PH/EC/Ex-Servicemen shall be allowed relaxation up to 5% in the qualifying marks. Photostat copy of the said notification dated 26.09.2016 issued by the West Bengal Board of Primary Education, bearing Memo No. 2202//BPE/2016, title, "Appointment Notification for Primary Teachers" is annexed herewith and marked with letter "P-3". 8. Your petitioner's state that subsequently the petitioners, along with several other aspiring persons, applied as candidates in the recruitment process as per notification dated 26.09.2016 issued by the West Bengal Board of Primary Education. 9. Your petitioner states that after the tests were conducted the petitioners were cleared for verification and interview. The petitioners duly appeared for the interview process. Photostat copies of the details of each petitioner's application along with the documents of verification and interview conducted by the West Bengal Board of Primary Education are annexed herewith and marked with letter "P-4" collectively. 10. The petitioners duly appeared for the interview process. Photostat copies of the details of each petitioner's application along with the documents of verification and interview conducted by the West Bengal Board of Primary Education are annexed herewith and marked with letter "P-4" collectively. 10. Your petitioner states that the District Inspector of Schools (P.E.), Uttar Dinajpur, sent a report to the District Magistrate, Uttar Dinajpur, stating that total required vacancies of Primary Teachers in Urdu medium in Uttar Dinajpur District are 419 whereas the respondents appointed only 72 candidates in Urdu Medium in Uttar Dinajpur. Photostat copy of the report filed by the District Inspector of Schools (P.E.), Uttar Dinajpur, is annexed herewith and marked with letter "P-5". 11. Your petitioners state that the main grievance of the petitioners is that the petitioners belong to OBC-A Category but they were not treated as General category. If they were treated as General Category then they would get the appointment for the post of Primary Teachers in the District of Uttar Dinajpur. 12. Your petitioners state that in the year 2012, the respondents issued a notification for appointment of Primary Teachers. It is stated in the said notification that the total vacancies in Urdu Medium for the said District are 213. Out of total 213 vacancies only 15 candidates were appointed. 13. Surprisingly in the notification dated 26.09.2016, respondents declared 110 vacancies in Urdu Medium in the said District. Respondent authorities willfully suppressed the vacancies in Urdu Medium. 14. Your petitioners state that interestingly in a school namely Manora Urdu Medium under Uttar Dinajpur District, Primary School Council, total strength of students is 133 and mother tongue of all the students are Urdu and they are all Urdu learners but the respondent authorities issued two appointment letters for the post of Primary Teacher in favour of two Bengali medium teaches in the said school. The above noted fact is a glaring example of malpractice. 15. Your petitioner states that in another glaring example of malpractice is that in Bagdob F.R. School total roll strength of students is 156, out of 156 students 125 students belong to Urdu Medium and 29 students belong to Bengali Medium but the respondents appointed two Bengali Medium teachers in the said school. Photostat copy of the relevant documents are annexed herewith and marked with letter "P-8". 16. Photostat copy of the relevant documents are annexed herewith and marked with letter "P-8". 16. Your petitioner states that actually the respondent authorities did not appoint Urdu Medium Teachers in the said District though the ratio of Urdu Medium students is higher than the existing teachers in Urdu Medium School. It is crystal and clear from the documents of the respondent authorities that the required vacancy of Primary teachers in Urdu Medium since 2012 is much higher than the actual appointments of the Urdu Medium teachers in the District of Uttar Dinajpur. 17. Your petitioners state that till date the full combined panel list has not been published by the respondent authorities. 18. Your petitioners state that without publishing the full panel of successful candidates after viva voce/interview as required by statute, the respondents have simply uploaded the "empanelled/not paneled" results on the official website of West Bengal Board of Primary Education. When a candidate enters his roll no. into the official website of West Bengal Board of Primary Education he will get to know whether he is empanelled or not. But he will not get to know if the overall character of the panel is in accordance with law or whether the panel has been prepared by considering the ratio of reserved and unreserved candidates as per statute." 7. In support of their submissions that the Board was required to publish the final panel which was to be a full panel in the Board's website the petitioners have drawn my attention to rule 2 sub-rule (l) and rule 8 of the West Bengal Primary School Teachers Recruitment Rules, 2016. The Rule 2(l) defines the panel as follows: "(2) (1) "panel" means a list of names of the eligible and selected candidates for appointment as teacher in Primary Schools, published by the Board according to rules;" 8. However, the interpretation clause of the said rules clearly indicate that a panel would exhaustively mean as defined therein only if there is nothing repugnant in the subject or context. Therefore, to demonstrate that the Board was required to publish the panel Mr. Chattopadhyay was required to demonstrate that the rules of 2016 provided for publication of a panel. 9. If Rules 8,9,10 and 11 are scanned, they will show that the Government in its wisdom has not provided that the panel is to be published. Therefore, to demonstrate that the Board was required to publish the panel Mr. Chattopadhyay was required to demonstrate that the rules of 2016 provided for publication of a panel. 9. If Rules 8,9,10 and 11 are scanned, they will show that the Government in its wisdom has not provided that the panel is to be published. It has only provided for preparation of the panel at several stages as mentioned in Rule 8 and its sub-rules and for sending the panel after preparation to the Board for approval whereafter once approval is accorded the same is to be sent to the District Primary School Council with all necessary papers for appointment. Though this would increase the length of this judgment, I think that it is fit and proper to set out Rules 8, 9 and 10 of the Rules of 2016, the first of which has been quoted by the writ petitioners at paragraph 19 of the writ petition. 8. Procedure of selection : - (1) The Selection Committee shall prima facie scrutiny of the duly filled application forms submitted by the candidates having qualification as mentioned in rule 6. (2) The Selection Committee shall call all qualified candidates as mentioned in sub-rule (1), for the viva-voce or interview and Aptitude Test. The performance of the candidates who will be called for vivavoce or interview and Aptitude Test shall be assessed separately by the Interview Board formed for the specific purpose. (3) Academic qualification, training, performance in the TET, Extra Curricular activities and performance in viva-voce or interview and Aptitude test, shall be computed in the manner as mentioned in Table A below:- SL. NO. Item for evaluation Maximum Marks (i) Madhyamik pass under the West Bengal Board of Secondary Education or its equivalent 05 (ii) Higher Secondary pass under the West Bengal Council of Higher Secondary Education or its equivalent 10 (iii) Training as specified by NCTE 15 (iv) Teacher Eligibility Test (TET) 05 (v) Extra Curricular Activities 05 (vi) Viva-voce or Interview 05 (vii) Aptitude Test 05 Total 50 Note 1.- The percentage of marks obtained by the candidate in the Madhyamik Examination or its equivalent excluding additional marks, if any, shall be reduced proportionately to marks obtained out of 5. Note 2.- The percentage of marks obtained by the candidate in the Higher Secondary Madhyamik Examination or its equivalent excluding additional marks, if any, shall be reduced proportionately to marks obtained out of 10. Note. 3.- The percentage of marks obtained by the candidate in the relevant Teacher Training shall be reduced proportionately to marks obtained out of 15. Note. 4.- The percentage of marks obtained by the candidate in the TET Examination shall be reduced proportionately to marks obtained out of 15. Note. 5.- Marks out of maximum five (5) Marks shall be awarded to the candidate in the Extra Curriculam Activities on the following Extra Curriculam Activities. In case of candidates applying for the earmarked posts as mentioned in Note 7 to rule 6, marks out of maximum five (5) shall be awarded on teaching experience:- For Non-earmarked Vacancies For Earmarked Vacancies 1 Games and Sports 1 Teaching experience below 4 years 1 2 National Cadet Corps (NCC) 1 Teaching experience from 4 years to below 6 years 2 3 Arts and Literature 1 Teaching experience from 6 years to below 8 years 3 4 Performing Art (Drama 1 Teaching experience from 8 years to below 10 years 4 5 Music 1 Teaching experience above 10 years 5 Total 5 4. The marks for candidate applying for non-earmarked vacancies shall be allotted as follows:- (a) a certificate of representation in the State/National/International level Games or Sports issued by the Competent State Govt. or Central Government Authorities or agencies, shall be awarded (01) mark; (b) Minimum 'A' certificate of National Cadet Corps (NCC) shall be awarded (01) mark; (c) a certificate that any essay, story, short story, drams, poetry, written by the candidate selected for publication in State Level or National Newspaper or Magazine (Certificate alongwith a copy of publication shall be submitted), shall be awarded (01) mark; (d) a certificate that the candidate has obtained proficiency in Performing Art (Drama) issued by National School of Drama or by the State Government or Central Government shall be awarded (01) marks; (e) a certificate that the candidate has obtained proficiency in Music or Instrumental Music issued by the State Government or Central Government shall be awarded (01) mark. (5) The Selection Committee shall prepare separate Council-wise panels as per procedure below:- (a) firstly, the Selection Committee shall segregate all eligible candidates applying for earmarked vacancies as mentioned in Note. (5) The Selection Committee shall prepare separate Council-wise panels as per procedure below:- (a) firstly, the Selection Committee shall segregate all eligible candidates applying for earmarked vacancies as mentioned in Note. 7 to rule 6, from other successful candidates; (b) secondly, the selection Committee shall prepare the following panels for the successful candidates who have applied for non-earmarked vacancies (i) a panel of all selected candidates in a district, namely, unreserved Category comprising of the names of the candidates belonging to General Category and reserved candidates of Scheduled Caste Category, Scheduled Tribe Category, OBC Category - A, OBC-B and PH Category serially according to descending order of merit as per existing vacancies medium wise; (ii) a panel of selected reserved category candidates in a Council, namely, Scheduled Castes, Scheduled Tribes, OBC Category-A, OBC Category -B and Physically Handicapped (PH) candidates in the respective category as per statutory reservation rules, from amongst the remaining candidates of such categories, serially according to descending order of merits as per exiting vacancies medium wise; (iii) a panel of selected candidates belonging to Exempted Category, Ex-servicemen and Physically Handicapped (PH) in a Council, separate panels category wise, for vacancies reserved for the respective categories; (iv) an alternative set of panel of selected candidates for each category in a Council serially according to descending order of merit as per existing vacancy medium wise; Note 1.- Such an alternative set of panel of selected candidate for each category in a Council shall be prepared for the purpose of providing option to the reserved category candidates during counselling to opt for posting as per position in unreserved category or as per position in the unreserved category. Note.2 - separate sets of panels for all selected candidates applying for earmarked posts as mentioned in Note 7 to rule 6 shall be prepared in accordance with the procedures mentioned in clauses (i) to (iv) of sub-rule (b). (6) An additional panel of 5% of General, Scheduled Castes, Scheduled Tribes, OBC category-A and OBC Category-B, Exempted category, Ex-servicemen and Physically Handicapped candidates shall be prepared in the same manner as referred to in sub-rule (5)(b)(i) of rule 8; Provided that additional panel of General Category shall no include the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes category. However, in case of appointment to the post of General Category from additional panel, if any reserved candidates secures higher marks from the candidate belonging to General Category in the left out merit list then the said reserved candidate shall be selected for appointment. Provided further that in case of non-availability of suitable qualified Ex-servicemen candidates belonging to General, Scheduled castes, Scheduled Tribes and Other Backward Classes, the said vacancy of Exempted Category candidates shall be filled up by non-exempted category candidates belonging to General, Scheduled castes, Scheduled Tribes and Other Backward Classes, as the case may be. Provided also that in case of non-availability of suitable qualified Exempted Category (EC) candidates belonging to General, Scheduled castes, Scheduled Tribes and OBC Category-A and OBC Category B, the said vacancy shall be filled up by non Ex-servicemen candidates belonging to General, Scheduled castes, Scheduled Tribes and Other Backward Classes, as the case may be. Provided also that such additional panel shall not be considered until or unless original panel exhausted under rule 8(5). (7) While preparing the panels mentioned in sub-rule (5) and sub-rule (6) above, the Selection Committee shall at first divide all the candidates who will be found eligible after the interview into two categories, trained and untrained and thereafter, two separate sets of panels for each category shall be prepared, one for the trained Candidates and other for the untrained candidates. (8) Notwithstanding anything contained in any of these rules, the empanelled trained candidates shall be absorbed first against the sanctioned vacancies and thereafter the untrained empanelled candidates shall be absorbed against the remaining vacancies. Under no circumstances, untrained candidates shall be given appointment if trained empanelled candidates are available for the respective categories. (9) If in the process of recruitment or even after recruitment at any stage, it is detected or proved that a candidate has achieved success by way of unfair means or by suppression of some material facts, his or her appointment shall summarily be cancelled. (10) The procedure as mentioned in sub-rule (6) to (8) shall, mutatis mutandis, apply in respect of all eligible candidates supplying for earmarked posts as mentioned in Note 7 to rule 6. 9. Approval of the panel - The panels, after being prepared, shall be accorded approval by the board and thereafter, shall be sent to the respective District Primary School Councils (DPSCs) with all necessary papers for appointment. 9. Approval of the panel - The panels, after being prepared, shall be accorded approval by the board and thereafter, shall be sent to the respective District Primary School Councils (DPSCs) with all necessary papers for appointment. 10. Appointment letters - (1) The District Primary School Councils on receipt of the approved panels, shall call the empanelled trained candidates first for counseling for posting in accordance with the vacancies (medium wise) in terms of the options exercised by the empanelled trained candidates and thereafter the empanelled untrained candidates in the following manner. (2) If a reserved category candidate opts for an unreserved post on the basis of his/her position in the general merit list/panel, he/she shall not be taken into account for the reserved category post. If, however, this reserved category candidate opts for a reserved category post as per his/her position in the respective reserved category merit list/panel, he/she shall be considered as a candidate filling a reserved category post/vacancy of that category and his/her candidature in the unreserved category the resultant vacancy in the unreserved post shall be filled up from the general (unreserved) panel/merit list. (3) After such counseling of eligible empanelled candidates, appointment letters shall be issued to the candidates from the approved panels serially. Appointment letters shall be issued under the signature of the Chairman of the Council or by an officer, not below the rank of the Secretary of the Council, authorised by the Council to sign such appointment letters. No appointment made otherwise shall be considered valid. (4) in case of non-joining of candidates within stipulated time from out of the normal panel, the Council may issue appointment letter from the aforesaid additional panel of 5% of vacancies in excess of the panel provided the normal panel is exhausted and the vacancies as worked out remain unfilled. (5) Appointment letters shall be sent to the candidates' address by registered post immediately after the counselling or otherwise to be decided by the appropriate government. Provided that appointment shall be made from the panel for vacancies as referred to in rule 4. (6) No appointment shall be made beyond notified vacancy for which the panel is to be prepared and the inclusion of name in the panel shall not constitute a claim for appointment." 10.The infirmity of a procedural sword is that he would wields it must live or perish by it, once Mr. (6) No appointment shall be made beyond notified vacancy for which the panel is to be prepared and the inclusion of name in the panel shall not constitute a claim for appointment." 10.The infirmity of a procedural sword is that he would wields it must live or perish by it, once Mr. Chattopadhyay has claimed that a statutory rule which mandates publication of a panel amounts to challenging the procedural vires of the Act of the Board. Therefore, the action must be taken in the manner prescribed or not at all; once a manner has been prescribed it must be understood to have been intended to be done in that way or not all. King Emperor vs. Nazir Ahmed, (1935) AIR PC 53, the necessary corollary of this principle is that if the procedure as canvassed is not mandated by statutory rules the argument fails. 11. Therefore, I hold that in the absence of a provision for publication of panel which is a list which is published in accordance with the rules made under the Rules of 2016, the prayer of the writ petitioners for publication of the full panel or any panel for that the matter is misconceived and therefore, deserves to be rejected. 12. Mr. Chattopadhyay attempted to argue from the Bar that even a panel was not properly prepared. Such an allegation is alien to the pleadings of his clients. I would like to draw inspiration from the principle laid down in AIR 1981 SC 585 that ordinarily the parties should be confined to the pleadings and shall not be allowed to depart from the same except by well known means of supplementation such an amendment of pleadings. Till the stage of hearing no application has been made for amending the writ petition to allege that the panel was not properly prepared at any stage. Naturally, the question of the same being disputed by the respondents does not arise. 13. The writ petitioners have also alleged that the Government had envisaged the appointment of 419 teachers of Urdu in Uttar Dinajpur under the District Primary School Council. However, they submit that only 72 candidates were appointed. This is a question which ought not to detain us because merely by perusing the provisions of the Rule 4 of the said rule of 2016. However, they submit that only 72 candidates were appointed. This is a question which ought not to detain us because merely by perusing the provisions of the Rule 4 of the said rule of 2016. Rule 4 sub-rule (1),(2) and (3) clearly show that initial report of the number of vacancies is not final and is subject to the approval of the government whereafter the Director of School Education, after due verification, sends a vacancy report to the West Bengal Board of Primary Education. The vacancy report which is binding on the government is therefore, that which is approved by it. In the affidavit in opposition particularly paragraph 9 the respondent Board has therefore, denied that the initial report was binding on the government and I accept the said position in view of rule 4, as aforesaid. 14. That leaves us with one last point that the writ petitioners have argued and which perhaps would have been argued only in West Bengal. The writ petitioners who have come up in private interest have alleged that in a particular primary school where 133 students had the mother tongue of Urdu and where the recruitment process was for Urdu teachers two Bengali medium teachers were appointed. In a State where we celebrate the existence of linguistic and religious minorities that two Bengali Meduim teachers were appointed for Urdu students could possibly be a reason for the firmament sky to fall. In an election year it is for the State of West Bengal to justify how and why it did it. Since the selection process itself under the notification dated September 26, 2016 is no longer under challenge thankfully this writ Court is not called upon to adjudicate this matter. The writ petitioners shall have their remedy in this matter, which I do not decide and which is a question of substantial nature, which can be urged also in the public interest of the students, if so advised, but strictly in accordance with law. I make it clear that the writ petitioners came to court alleging without any particulars at paragraph 21 that the reserved seats for other backward classes have been filled up by others though writ petitioners have secured higher marks than general category candidates and the writ petitioners were not given precedence over the general category candidates. 15. I make it clear that the writ petitioners came to court alleging without any particulars at paragraph 21 that the reserved seats for other backward classes have been filled up by others though writ petitioners have secured higher marks than general category candidates and the writ petitioners were not given precedence over the general category candidates. 15. Thankfully I am not called upon to determine whether or not the act of the State of West Bengal in appointing Bengali medium teachers to Urdu medium teachers' posts can be impeached. For the above reasons, the writ petition fails on every ground and is dismissed. 16. Since the writ petitioners are unemployed persons I forbear from imposing costs upon them. The parties shall bear their own costs. 17. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.