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1999 DIGILAW 32 (CAL)

Partha Kumar Das v. State of W. B.

1999-02-03

B.M.Mitra

body1999
JUDGMENT B.M. Mitra, J. In this writ petition some prayers are made for issuance of a Writ of Mandamus by directing the District Inspector of Schools (Primary), Burdwan and Employment Exchange Office of Katwa, District-Burdwan to allow the petitioner to participate in the proposed interview for the post of Teacher of the Burdwan District Primary School Council scheduled to be held shortly and for direction for participant of the petitioner in the said interview and for an order of injunction and for other ancillary reliefs. The petitioner's case is that he is unemployed who passed his Madhyamik Examination in 1992 under the West Bengal Board of Secondary Education. Before that he got his name registered in Katwa Employment Exchange at Burdwan in the year 1991. The same was followed by representation being effected by the aforesaid writ petitioner on 26.2.98 before the concerned local Employment Exchange Officer to send a call letter so that the petitioner may be afforded with an opportunity for giving an interview for the post of Teacher in Primary School in Burdwan. It has been further averred that Burdwan Primary School Council will hold an interview for appointment of Teacher of the Primary School in Burdwan District but unfortunately enough no particulars about the time, date and venue of the proposed interview have been given in the body of the petition. It further appears from the prayer portion of the connected writ petition and in terms of prayer (a) of the same, it is also mentioned that the date has not been declared about the proposed interview for the post of Teacher. Therefore, it is ex facie clear that the averments contained in the body of the writ petition as well as in the main prayer of the same appear to be vague and they are bereft of particulars. 2. The entire case of the writ petitioner is sought to be based upon placement of reliance of the case of Excise Superintendent, Malkapatnam, Krishna District, Andhra Pradesh vs. K.B.N. Visweshwara Rao & Ors., reported in 1996 (6), SCC 216 wherein the Supreme Court has opined that in the facts of that particular case the choice of selection in the vacant post is restricted only to such of the candidates whose names were sponsored by the Employment Exchange. It is necessary to keep it in mind that in that case there was nothing to show that in terms of recruitment rules vacancy is to be filled up only from amongst the candidates whose names had been sponsored by the Employment Exchange. In view of the averments contained in para 18 of the writ petition that if the petitioner fulfils eligibility criteria then irrespective of consideration as to whether such candidature has been sponsored or not, he is required to be allowed to participate in the interview for the post of a Teacher. This Court is made to ponder on the proposition as to whether the writ petitioner has any legal right to appear at the interview unless his name has been sponsored by the Employment Exchange. In order to streamline the process of selection, applications can be invited through local Employment Exchange and a reference may be made in this context to the case of Union of India vs. N. Haragopal, reported in AIR 1987, SC 1227 where the Government's instructions enjoining that the field of choice should, in the first instance, be restricted to candidates sponsored by the Employment Exchange were upheld as not offending of Articles 14 and 16 of the Constitution. A process of recruitment through Employment Exchange has been devised as a method of prevention of malpractices. If the petitioner is not an empanelled candidate and if his candidature is not sponsored by the local Employment Exchange, then, local Employment Exchange can be directed to sponsor such name provided the person has a legal right for the post and he fulfils the other eligibility criteria. Here in the instant case, from the enclosed annexure vide annexure 'B' appended to the writ petition, it appears that the petitioner was born on 9.11.74 and as on this date the petitioner has already crossed 24 years of age and he appears to be out of employment and it is not known as to whether he satisfies the eligibility criteria. Unless a screening is made by the concerned respondents to examine the candidature of the petitioner whether he fulfils the requisite qualifications and he has not crossed the age bar and other necessary qualifications and in absence of writ petitioner being sponsored through the local Employment Exchange, there is no material at the disposal of the Writ Court on the basis which it can form its opinion that the writ petitioner fulfils the pre-requisite criteria to apply for being selected for the post in question lying vacant. In view of nature of averments contained in the writ petition which are bereft of particulars even about the proposed date of interview and in absence of proper prayer for a direction upon the local Employment Exchange, Katwa, District-Burdwan to sponsor the candidature of the petitioner, it is difficult to grant the other prayers made by the petitioner in the writ petition. This Court feels that the petitioner in order to justify his claim of locus standi must fulfil his eligibility criteria as regards his age, qualifications and other factors and his name has to be sponsored through local Employment Exchange and in absence of a prayer for a direction upon the local Employment Exchange to sponsor the name of the writ petitioner as a candidate for the post, it is difficult to entertain the writ petition. Accordingly, this Court after considering the entire conspectus of the matter in all its aspects does not consider it is expedient to allow the said application. Accordingly, the writ petition stands liable to be dismissed, however, with liberty to the writ petitioner to apply afresh and he should seek that his name should be sponsored for the post in question in future whenever such vacancy occurs. Unless the pre-requisite conditions as aforesaid are fulfilled, the petitioner cannot straightway ask for the reliefs as prayed for in the writ petition. Subject to above leave being granted the writ petition stands liable to be dismissed. This writ application stands liable to be dismissed.