KAUSHIK GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner for issuing a writ of mandamus commanding the respondent authority to appoint the petitioner to the post of Junior Technical Assistant.

(2.) The brief history of this case is as under: A recruitment process for appointment of 12 Junior Technical Assistants was initiated by the respondent No.3 in March 2001. Names of eligible candidates were collected from two sources. Concerned employment exchange sponsored the names of eligible candidates in respect of 70% vacancy, i.e. for eight vacancies. THE rest of of 30% vacancies, i.e. 4, were kept reserved for consideration of the candidatures of all Ex-ITI trainees. THE petitioner participated in the selection process under reference in respect of un-reserved vacancies on the basis of sponsorship of his name by the concerned employment exchange. THE written test took place in December 2001 and interview took place between May and September 2002. In December 2002, two separate panels of selected candidates were prepared in order of merit. One of the above panels was prepared in respect of eight un-reserved vacancies from the candidates sponsored by the employment exchange. THE name of the petitioner appeared against serial No.6 of that panel. Similarly, the other panel was prepared from EX-ITI trainee participants in respect of the rest four vacancies. THE aforesaid two panels were sent to the State Government for approval in early 2003. THE State Government did not approve those panels on the ground of that those panels had not been prepared in accordance with the notification dated August 21, 2002 issued under the West Bengal Regulations of Recruitment Act, 1999.

(3.) It is submitted by Mr. Partha Sarathi Sengupta, learned Advocate appearing for the petitioner, that the procedure followed by the respondents to fill up the vacancy under reference suffered from procedural impropriety. According to him the notification dated August 21, 2002 was issued long after the initiation of the selection process in question and the same had no manner of application in respect of the same. According to him the circulars issued by the Chief Secretary to the Government of West Bengal under memo Nos. 5120(60) LW and 129(60) LW dated October 17, 1977 and January 25, 1978 respectively read with the circular issued by the Secretary to the Government of West Bengal, Labour Department under memo No. 130(60)LW/2E-77/77 dated January 25, 1978 were holding the field for conducting the selection process under reference. As a result, the respondent authority asked the director of National Employment Services, Government of West Bengal for sponsoring the names of eligible candidate keeping in mind reservation of 30% vacancies, i.e. for four posts, for exempted category of ITI passed trainees. Accordingly, two panels were also prepared. One under the general category for candidates selected from amongst the candidates sponsored by the employment exchange and the other one for reserved category selected from the candidates considered under the exempted category of Ex-ITI trainees. The procedure adopted by the respondent authorities to prepared a single panel afresh from both the categories suffered from procedural impropriety in taking into consideration the notification dated August 21, 2002 which was issued long after initiation of the selection process in question.