SHRABANI MONDAL (PAL) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The backdrop of reference has already been elucidated by my Ld. brothers, Talukdar and Dara Sheko, JJ. in their separate Judgments. I would therefore, pen down my own thoughts on the point as it does pass my mind that the Reference before us in this Special Bench turns on a pure interpretation of the statutory provisions and rules holding the field on the subject issue.

(2.) On the one hand, is Section 2(11) of the West Bengal Regulation of Recruitment in State Government Establishments of Public undertakings, Statutory Bodies, Government Companies and Authorities Act, 1999 (hereinafter referred to as the 1999 Act) and, on the other, is the Recruitment Rules 2001 (hereinafter referred to as 2001 Rules).

(3.) The appellant lays claim to the post of primary school teacher on the foundation that West Bengal Primary Council (hereinafter referred to as Council as defined in Rule 2(e) of the Rules 2001) is beyond the ambit of the provisions of 1999 Act, as such State Government or its instrumentality the 'council' has no power, authority, or jurisdiction to exclude he being, an ex-census worker, from selection to the post under the "Exempted Category" as defined in Section 2(5) of the 1999 Act in relation to persons who may fall within the zone of consideration of such "Exempted Category". The definition reads:-