UJJAL GHOSH Vs. PRABIR KUMAR CHATTOPADHYAY & OTHERS

JUDGEMENT

(1.) The appellant was not a party to the proceeding before the learned Single Judge. He has preferred this appeal with the leave of this Court.

(2.) The respondent No.1/writ petitioner (hereinafter referred to as 'Prabir') was engaged by the respondent-College as a job worker (all types of official and computer work) on daily pay basis with effect from 3rd August, 2004. Such appointment was pursuant to a resolution of the Governing Body of the College taken on 12th July, 2004. Between 2006-2009 he worked in the post of Clerk (Class-III) on contractual basis.

(3.) In June, 2010, the said College published an advertisement in the newspapers inviting applications for the post of Cashier. In 2010, Prabir was 40 years old, i.e., beyond the maximum age prescribed for candidates which was 37 years. He requested the authorities for age relaxation so that he could participate in the selection process. His request was not granted. Being aggrieved, he approached the learned Single Judge by filing W.P. 16807(W) of 2010. By an interim order dated 13th August, 2010, the learned Single Judge permitted Prabir to appear in the interview. It was further directed that selection of the candidates in pursuance of such interview shall not be finalized without the leave of this Court, in the event Prabir was selected.