MADHAB BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD the learned Advocates appearing for the parties'. In the writ application, the Petitioner prayed for the following relief 's:

(2.) WRIT application was moved on November 23, 2000 when Bhaskar Bhattacharya, J. granted interim order in terms of prayer (f) till three weeks after the reopening of the Court. Prayer (f) reads as follows:

(3.) PETITIONER has challenged the panel of Group 'D' staff of the concerned school as was prepared by the Selection Committee upon holding interview of the Petitioner and the other candidates on September 24, 2000. The challenge is centered round to the selection of private Respondent No. 6 Tulsi Banerjee (Biswas). The grounds of challenge are of three folds namely (i) Respondent No. 6 though was a member of Scheduled Caste community by birth but since she got married with a member of higher caste community, she had lost her status as a member of Schedule Caste community and thereby was not legally entitled to have sponsorship of name from Employment Exchange; (ii) that said Respondent's date of birth as recorded in the Employment Exchange register is January 11,1959 and as such she was not even eligible to be selected as a first empanelled candidate and to be appointed in the post in question as she crossed the age bar namely 40 years in terms of the Recruitment Rule issued under Memo No. 2066 G.A. dated October 27, 1995 as effective from December 1, 1995 by Director of School Education, West Bengal, which provides that maximum age limit for appointment in case of Scheduled Caste and Scheduled Tribe candidate is 40 years; (iii) Selection Committee committed an illegality by selecting the Respondent No. 6 as a first candidate.