LAWS(CAL)-2011-3-3

DILIP PRADHAN Vs. STATE OF WEST BENGAL

Decided On March 23, 2011
DILIP PRADHAN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THE Judgment of the Court was as follows: THE writ petitioner participated in the recruitment process initiated by the District Primary School Council, South 24-Parganas, as a sponsored candidate. Upon publication of the result, the writ petitioner came to learn that he was excluded from the zone of consideration for being considered as a successful candidate. THE writ petitioner, thereafter, filed the instant writ petition and the matter has now been placed under the heading, "For Final Disposal" after exchange of affidavits.

(2.) FROM the affidavit-in-opposition filed by the Chairman, District Primary School Council, South 24-Parganas, it transpires that the said Council initiated the recruitment process in the year 2006 for recruitment of assistant primary teachers in accordance with the West Bengal Primary School Teachers' Recruitment Rules, 2001. and as a sequel thereto the names of the eligible candidates were sponsored, including that of the writ petitioner who was registered with the Employment Exchange, Kakdwip Circle, South 24-Parganas, in the year 1999. FROM the said affidavit it further transpires that on 22nd December, 2006, the Deputy Director of Employment, South 24-Parganas, wrote a letter to the Chairman of the Council requesting him to consider all the candidates whose particulars were sponsored against the vacant post of primary teachers by the five employment exchanges of South 24-Parganas, in different phases, based on the various cut-off dates for the different categories as stated against each of those five employment exchanges for taking their interview as per Rule. FROM the letter dated 22nd, December, 2006, it further appears that the district of South 24-Parganas, considering the strength of 'Live Register' of the various employment exchanges situated in the district, had earlier determined the cut-off dates of submission in respect of various categories, as follows: It has been specifically stated in the affidavit of the Chairman of the Council that since the registration of the writ petitioner was beyond the cut-off date, as determined by the Deputy Director of Employment, South 24-Parganas, in terms of his letter dated 22nd December, 2006, he was not considered for being selected as a successful candidate.

(3.) IN order to answer this issue it is to be kept in mind that the admitted position in the instant case is that the writ petitioner's name was originally sponsored by the concerned employment exchange authority for the recruitment process initiated by the District Primary School Council, South 24-Parganas, pertaining to the year 2006. The writ petitioner was allowed by the concerned Council to fill-up the requisite bio-date form as a sponsored candidate. The writ petitioner participated in the recruitment process by appearing in the written examination as a sponsored candidate.