SEROPHINA KERKETTA Vs. GOVT. OF W.B.

JUDGEMENT

(1.) Leave granted to correct the affidavit portion by incorporating the religion of the petitioner properly as it is submitted by the learned advocate for the petitioner that the petitioner by faith is Christian as his family long back converted from their original tribal faith to Christianity. In the writ application the petitioner has prayed the following reliefs :

(2.) It is the case of the writ petitioner that the petitioner is a member of the Scheduled Tribe Community and the certificate to that effect as issued by the Anchal Adhikary, Chainpur (Gumla) within the State of Jharkhand being in the form of a letter dated 10th April, 2003 is annexed in support of his Caste Certificate. After completing her General Nursing and Midwifery training conducted by the Mid India Board of Education, the petitioner applied to enrol her name in the Asansol Employment Exchange within the State of West Bengal by annexing the documents in support of her claim as a member of the Scheduled Tribe Community and the Employment Exchange enrolled her name on 23.02.2005 specifying her qualification. With reference to a vacancy notification under reference number ECL/CMD/CGM P & IR/SCST Recruit 896 dated 28.01.2005, the petitioner prayed for sponsorship of her name from the Regional Employment Exchange at Asansol from the category of Scheduled Tribe candidates for the said vacancy of Eastern Coalfields Limited. But unfortunately her name was not sponsored. In that view the petitioner has prayed for the reliefs as already quoted above.

(3.) This writ application has been opposed by the Eastern Coalfields Limited by filing an affidavit as well as by the Regional Employment Exchange, Asansol. In the affidavit filed by the respondent No. 2, the Sub-regional Officer-in-charge, Asansol, it is contended that the petitioner's name was registered in the Employment Exchange as a General category candidate in terms of her application as submitted on 23.02.2005. It is further contended that the petitioner as a member of the Scheduled Tribe Community has not been identified in terms of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts), Rules, 1976, as the petitioner was not entitled to have her enrollment as a member of the Scheduled Tribe Community. It has been further contended that in terms of vacancy declaration of the Eastern Coalfields Limited names of those candidates who were eligible for the concerned posts under S.T. Category were already referred to on 28.01.2005, by the Asansol Employment Exchange when the petitioner's name was not at all registered in the said Employment Exchange. The name of the petitioner was registered on 23.02.2005 and that too under general category. In that view it has been contended in the opposition that the petitioner was not eligible for the same and no belief could be granted to the petitioner. The Eastern Coalfields Limited in their opposition as filed by a senior personnel officer of that organisation has contended inter alia to this effect that in terms of the vacancy notification a list containing names of 76 candidates was sponsored by the respective local employment exchange and as the petitioner's name was not in this sponsored list, no interview letter was served to the petitioner. It has been further contended that the selection process has already been completed by preparing final list of candidates for appointment.