MANIK CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant/writ petitioner herein has preferred this appeal challenging the order dated 20th December, 2006 passed by the learned Single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition filed by the appellant herein. The appellant/ writ petitioner filed the aforesaid writ petition praying for a direction upon the respondent authorities to allow the said writ petitioner to participate in the interview for appointment of Group 'D' staff (Sweeper) in Raja Narendra Lal Khan Women's College in the district of Pashim Midnapore.

(2.) The learned Single Judge while deciding the writ petition held that in view of the Government Order issued under Memo No. 830-Edn (CS) dated 31st October, 1995, the Group 'D' posts of the colleges affiliated by the University in the State of West Bengal are to be filled up from the candidates sponsored by the concerned Employment Exchange and since the aforesaid order was not challenged in the writ application, the learned Single Judge did not find any merit on the submissions made on behalf of the writ petitioner and therefore, dismissed the said writ petition.

(3.) The learned Advocate of the appellant submits that the learned Single Judge failed to appreciate that there is no statutory rule which authorises the respondent authorities to consider the candidatures of the candidates only sponsored by the Employment Exchange. It has also been submitted on behalf of the appellant that the executive instructions issued under Memo No. 830-Edn (CS) dated 31st October, 1995 cannot, compel the respondent authorities to consider only the candidates sponsored by the Employment Exchange for appointment to the said post of Group 'D' staff in the concerned college in view of the law laid down by the Supreme Court in this regard. Mr. Sourav Mitra, learned Counsel of the appellant submits that the law in this field has already been settled by the Hon'ble Supreme Court. Mr. Mitra referred to and relied on the following decisions