ASHOK KUMAR PAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners claiming themselves to be the ex-census worker filed the instant writ petition praying for issue of mandamus upon the respondent authorities to allow them to participate in the interview to be held for appointment to the post of Primary Teacher in the District of Midnapore upon condonation of age bar.

(2.) The petitioners were called during 1981 census operation and were subsequently discharged upon completion of the said census work. Thereafter a policy decision was taken by the Government to treat those census workers under the exempted category and accordingly the writ petitioners were registered under the exempted category in the concerned Employment Exchanges. District Primary School Council commenced the selection process in the year 1992 and the petitioners were allowed to participate in the interview but subsequently the said selection process was set aside and/or quashed by the Honble Supreme Court and directed the District Primary School Council to start the selection process de novo. The petitioners alleged that after the order of the Apex Court by which the selection process which commenced in the year 1992 was set aside, the petitioners were not called for an interview in the fresh selection process which commenced on the basis of the said order of the Supreme Court of India.

(3.) The petitioners between the period commencing from the initiation selection process in the year 1992 and the fresh selection process which commenced on the basis of the order passed by the Supreme Court of India, have crossed the age barrier and unless a mandamus is issued upon the concerned respondent authorities to permit the petitioners to participate for the interview after relaxing of the age bar, the petitioners in terms of the statutory rules shall not get a chance to participate in the selection process for the post of the primary teacher.