SUNIL BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner claims to be appointed as a Gram Panchayat Karmee against the 156 reserved post demarcated for Collection Sarkar and/or Tax Collectors. The petitioner was appointed as a casual tax collector under the Rudranagar Gram Panchayat by an order dated September 10, 2001. The petitioner continued to work in that capacity. By a notification dated February 1, 2011 issued by the District Panchayat and Rural Development Officer, 24-Parganas (South), it was notified that 33 percent of the total number of posts of Gram Panchayat Karmee would be filled up by selection through a recruitment to be conducted by the District Level Selection Committee from the eligible Collecting Sarkars who had rendered satisfactory service as Collecting Sarkars for at least six years in any Gram Panchayat under the concerned district. On the basis of the said notification, the petitioner applied for recruitment to the post of Gram Panchayat Karmee as he was an eligible Collecting Sarkar under the district of South 24-Parganas. Accordingly on July 3, 2012 an admit card was issued to the petitioner to appear for the selection test. In the admit card, it was clearly indicated that the selection process would be in two stages. The written test would comprise of 43 marks and viva voce would comprise of 7 marks. Total marks allotted for the selection was 50. The syllabus for the written test was indicated to be of Class-VIII standard and the break up was given as Bengali 15 marks, English 15 marks and Arithmetic 13 marks. As such, the petitioner was well aware of the selection procedure and the marks and syllabus allotted for the selection.

(2.) Having knowledge of the same, the petitioner participated in the selection process and the petitioner was awarded 2 marks in written examination and 6.33 marks in viva voce being the average of the marks allotted by three examiners. The petitioner got 8.33 marks out of 50.

(3.) It is the case of the petitioner that although 156 seats were reserved for filling up the posts of Gram Panchayat Karmee from eligible Tax Collectors only 40 candidates were selected. He relies upon a decision of a Division Bench of this Court passed in AST 337 of 2014 with ASTA 247 of 2014 dated August 1, 2014. By the said judgment, the respondents were restrained from filling up the posts reserved for Gram Panchayat Karmee from Tax Collectors being the 33 percent of the posts till they were all filled up by the appellants in the said appeal and other similarly placed Tax Collectors. According to the petitioner, the said judgment is applicable in this case as well and the appeal of the Staterespondents which was carried to the Honble Supreme Court against the judgment of the Division Bench was dismissed.