HARE KRISHNA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the instant appeal the legality and propriety of the judgement and order passed by a Learned Judge of this Court in W. P. No. 23678(W) of 2005 has been challenged.

(2.) The brief facts of this case is that the petitioner appellant is a science graduate from the University of Calcutta. On 9th March, 1999 the managing committee of Dhakuria High School (Chandpara) under Gaighata P.S. of District North 24 Parganas took a resolution to appoint the petitioner temporarily to the post of clerk. Accordingly on 15th March, 1999 appointment letter was issued in his favour by the Secretary of the school asking him to join. Accordingly he joined as a clerk on 01.04.1999 and is continuing in service since then. On 17.01.2004 the managing committee decided to fill up the vacant post of clerk and accordingly the headmaster concerned on 17.02.2004 approached the Additional District Inspector of Schools (S.E.), Bongaon sub division to accord permission for filling up the said post of clerk.

(3.) On receipt of his prior permission the Secretary of the school made a requisition to the employment officer concerned for sponsoring the names of eligible candidates to fill up the said post. At that time the petitioner was age-barred and his name was not sponsored by the employment exchange. In November, 2005 the petitioner requested the school authorities to allow him to participate in the interview which was declined.