HRIDAY KUMAR PAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a writ by candidates in the 2006 selection process for recruitment of primary school teachers in the District of Malda. Recruitment is made according to West Bengal Primary School Teachers Recruitment Rules, 2001. The eligibility for being appointed as a primary school teacher is completion of the age of 18 years by a candidate. But, the candidate should not exceed 40 years of age on 21st January of the year in which the requisition for sending names of candidate is made by the Primary School Council to the Employment Exchange. The educational qualification required is school final. This is prescribed by Rule 6. The selection process in question is of 2006. Therefore, all the candidates should have been in the above age group as on 1st January, 2006. It is submitted that there is some relaxation for Schedule Caste, Schedule Tribe and Other Backward Class category. Under Rule 8 the Employment Exchange is to send names of candidates who have the required qualification under Rule 6. The number of vacancies is to be intimated to them by the Council. According to the writ Petitioners, who are twenty in number, they fulfil the age requirement prescribed in Rule 6. With the leave of the Court they have filed a supplementary affidavit affirmed on 7th May, 2010, where their date of birth, academic qualification and date of registration with the Employment Exchange together with other particulars are mentioned.

(2.) Rule 9 deals with the selection procedure. The total marks for the assessment of each candidate is 100, out of which 65 marks are allotted for academic qualification, 22 marks for training and 3 marks for co-curricular activities aggregating to 90 marks. The remaining 10 marks are for written test. Therefore, 65% of the marks are for academic qualification, which I have already said is school final qualification.

(3.) The Employment Exchange was required to sponsor 10 candidates for one vacancy. All this was changed by a circular dated 3rd March, 2006 of the West Bengal Labour Department to the Deputy Director of Employment, Midnapore. That circular stated that in stead of 1:10 ratio, the ratio would henceforth be 1:35. Therefore, for one vacancy thirty five names had to be sponsored by the Employment Exchange.