DEBASIS DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These writ applications have been referred to a larger bench by Samaresh Banerjea, J by an order dated 19th September, 1997 as His Lordship was of the opinion that the decision of the Supreme Court in Excise Superintendent, Malkapatnam, Krishna District, A.P v. K.B.N. Visweshwara Rao & Ors. reported in 1996(3) SCC 216 and also a Division Bench judgment of this court in M.A. No. 433 of 1997 (since reported in 1997(2) CLJ 428) cannot have any application in the facts and circumstances of the present case in view of the decision of the apex court in Union of India v. N. Hargopal & Ors. reported in 1987(3) SCC 308. According to the learned judge although Hargopal (supra) has been noticed in Excise Superintendent, the same has not been overruled. The learned Judge was also of the view that in Excise Superintendent (supra) Their Lordships have not decided the question as to what would be the position where in a particular case the Recruitment Rules itself provides that such recruitment may be made by calling for names of the candidates from Employment Exchange. The fact of the matter may be noticed from W.P. No. 1933 of 1997 The writ petition was filed by the appellant, inter alia, praying for the following reliefs:-

(2.) The writ petitioner is a Graduate and as such qualified for being appointed in the post of Clerk in a High School. He also got his name registered with the local Employment Exchange. According to the petitioner he has come to learn that the school authorities of Burdwan Town High School are proceeding to fill up the post and called the candidates for interview for the said purpose. The writ petitioner had been excluded from being granted an interview.

(3.) Mr. P.K. Chatterjee. the learned counsel, appearing on behalf of the petitioner submitted that keeping in view the recent decision of the apex court in Excise Superintendent, Malkapatnam, Krishna District, A.P v. K.B.N. Visweswara Rao & Ors. reported in 1996(3) SCC 216, the principle of fair play, justice and equal opportunity demands that apart from intimating the Employment Exchange in terms of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 all the candidates eligible therefor should be allowed to take part in the interview.