UJJAL GHOSH Vs. PRABIR KUMAR CHATTOPADHYAY & ORS

JUDGEMENT

(1.) A post of cashier in Shimurali Sachinandan College of Education (hereafter the college) was created by the Government of West Bengal, Higher Education Department, vide memo dated July 20, 2009. Such memo required recruitment to such post being made in strict observance of the procedure as prescribed in Government Orders dated September 9, 2008 and November 19, 2007. Pursuant thereto, advertisements were inserted in English and Bengali dailies inviting applications from graduates for appointment on such post, within July 10, 2010.

(2.) Shri Prabir Kumar Chattopadhyay (hereafter the writ petitioner) had been employed by the Governing Body of the college initially as a contractual job worker with effect from August 3, 2004 and subsequently as a contractual clerk with effect from September 2, 2006. He intended to compete with others for appointment on such post of cashier and accordingly, had submitted an application with a prayer to permit him participate in the process. His prayer was refused on the ground that he had crossed the prescribed age limit for appointment on the said post.

(3.) Aggrieved by the refusal, which was not in writing, the writ petitioner had invoked the jurisdiction of this Court by presenting W.P. 16807(W) of 2010. An interim order was made on August 13, 2010 by a learned Judge, whereby the authorities of the college were directed to permit the writ petitioner to appear in the interview which was scheduled to be held on August 19, 2010. However, an order of injunction was passed restraining finalization of the panel. In compliance with such order, the writ petitioner duly appeared at the interview; however, the panel was not finalized.