SIMA DUTTA Vs. STATE

JUDGEMENT

(1.) The writ petitioner claiming to be an handicapped person applied for the post of Librarian. Her case was not considered by the authority concerned as she was found over-aged by the order of the Director of School Eduation, dated 29/30th of an unspecified month of 1999 being Annexure 'J' to the writ petition. My attention has been drawn to the Circular, dated December 2, 1980 issued by the Secretary. Finance Department. Government of West Bengal, wherefrom it appears that in the case of physical handicapped persons the age limit should be considered as 45 years. According to the writ petitioner if such Circular is followed in her case, she is well within such limit.

(2.) Ms. Mukherjee, learned Advocate appearing for the Authority has submitted that the concerned post is a general one and the age limit was 35 years. The writ petitioner is over aged according to the terms and conditions of that particular post being a general one.

(3.) The contention of Ms. Mukherjee does not hold good in view of the Hon'ble Supreme Court's decision reported in (1987) 1 Serv LR 473 : (1987 Lab IC 498) (Ganga Singh v. Commissioner of Police) where the Hon'ble Supreme Court negated similar contention in the said case and was pleased to hold that a Scheduled Caste (in that case) who was otherwise found to be eligible should be considered for appointment by giving age relaxation applicable to the Scheduled Caste candidates. In view of the said decision of the Hon'ble Supreme Court I allow this writ petition by the following order :