MD MAINUDDIN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners have impugned the judgement and order of the West Bengal Administrative Tribunal dated 27th January 2012 passed in original Application O.A. No. 1139 of 2010. The application filed by the private respondents that is respondent Nos. 6 & 7 has been allowed and the State has been directed to arrange for a fresh recruitment process for the post of Lower Division Clerks in the Registration Office of Nadia.

(2.) Twelve posts of Lower Division Clerks in the Registration Office of the District of Nadia were vacant and, therefore, the District Registrar called for names of eligible candidates from the District Employment Exchange in 2006. After scrutiny of the names, the written test was held in October 2006. The petitioners participated in the written test along with other eligible candidates. In the year 2010, the petitioners moved an application under Section 19 of the Administrative Tribunals Act before the West Bengal Administrative Tribunal being O. A. No. 236 of 2010. The petitioners sought the publication of the results of the written test held in October 2006. The application was disposed of by the Tribunal on 26th June 2010 directing the State to publish the results of the written test within three months of the date of the order.

(3.) Before the results were declared, respondents No. 6 & 7 moved an application before the Tribunal being O. A. No. 1139 of 2010 on 21st September 2010. They challenged the selection process which had commenced in 2006 on the ground that it was restricted to the candidates sponsored by the employment exchange and was, therefore, illegal and contrary to the judgements of the Supreme Court and of this Court. They contended that the Courts had repeatedly held that it was necessary to give wide publicity regarding vacancies arising in the Government Departments or Public Sector Undertakings before any selection process was commenced.