GYANENDRA SUNAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of a Part-time Contractual Accounting Clerk of Mirik College, Dist. Darjeeling and is filed for reliefs in the nature of writs of mandamus commanding the respondents, their agents, servants and associates to absorb the petitioner in the present sanctioned vacant posts of Library Clerk and the Typist of the said college, writ of mandamus commanding the respondents, their agents and servants to allow the petitioner to participate in the selection process along with other candidates for selection and appointment to the sanctioned post of Library Clerk and the Typist of the said college by condoning his age bar, in any case the petitioner could not be absorbed in the concerned post by way of regularization and other consequential reliefs.

(2.) THE petitioner has contended that he was appointed part-time contractual Accounting Clerk of Mirik College by an order dated August 30, 2007 and he has been performing his duties in such capacity w.e.f. September 1, 2007 uninterruptedly. The college authority issued advertisement for recruitment to the posts of one Library Clerk and one Typist for the said college and as such, he has prayed for absorption in either of the two posts on regular basis or he may be permitted to participate in the selection process. But, he did not get any reply from the college authority. So, this application has been preferred. Now, the question is whether the reliefs as sought for in the application can be allowed.

(3.) IN the case of Secretary, State of Karnataka v. Uma Devi reported in 2006(4) SCC 1, backdoor recruitment has been totally prohibited. Relying on this decision, in Gobinda Chandra Mondal v. Principal, Rabindra Mahavidyalaya and in other cases also, this Hon'ble Court has held that no ad hoc or temporary appointee can be absorbed or be regularized in any post de hors recruitment or service rules ordinarily. But the petitioner is eligible to compete the open competition, if he fulfills the criteria relating to age, education, etc. at the time of appointment against a substantive post.