SULAIMAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Vide notification dtd. 8/12/2016, post of Peon in Panchayat Samity was notified in the district of South 24-Parganas. As per the said notification one post of Panchayat Samity Peon was reserved for OBC- A category candidate, one post was reserved for OBC- A (EC) category candidate, one post was reserved for OBC-B category candidate and one post was reserved for OBC-B (EC) category candidate apart from the posts which were earmarked for general category candidate.

(2.) The petitioner applied for being appointed as Panchayat Samity Peon by offering his candidature as OBC-A category candidate whereas respondent no.6 applied for being appointed as general category candidate in the said post of peon.

(3.) The petitioner by presenting the writ petition has challenged the selection of the respondent no.6 for the post of peon in Panchayat Samity upon treating him as OBC-A category candidate on the ground that the respondent no.6 is a general category candidate whereas petitioner belongs to OBC-A category. According to the petitioner, respondent no.6 has got no right to be appointed as Panchayat Samity Peon in the post which is reserved for OBC-A category candidate since he applied as general category candidate. It is also contended had there been appropriate selection process conducted by the concerned respondent authorities then respondent no.6 would have been excluded from the zone of consideration for being considered for the post of peon upon treating him as general category candidate which may have given opportunity to the petitioner to be considered for the post of Peon being OBC-A category candidate.