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2001 DIGILAW 723 (CAL)

Probhat Kandu v. State of West Bengal

2001-12-03

MAHEMMAD HABEEB SHAMS ANSARI

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JUDGMENT M. H. S. Ansari, J.: The grievance of the petitioner in the instant case is that for the post of Sub-Assistant Engineer of Jhalda Municipality, which post was created by the Government by its order dated 5.12.00, Annexure 'P5' the same is required to be filled up by direct recruitment after obtaining names from the local Employment Exchange. The petitioner's name has been sponsored by the local Employment Exchange and the grievance of the petitioner is that in service candidate is also being allowed to participate in the said selection process. Though the said Departmental candidate has not been sponsored by the Employment Exchange and therefore it is contended that in terms of the Act, 1999 and also the provision contained in Rule 54 (3)A of the West Bengal Municipal Act such person cannot be allowed to participate. 2. The second ground assailing the selection process is that the selection committee has been constituted from the councillors by virtue of resolution dated 5.11.01 being Annexure 'P4' and the same is contrary to the Circular issued by the Government dated February 15, 2001 bearing No. 169/MA/O/C/4/1A-7/2000 whereby three members selection committee has been constituted specifying the members thereof. 3. On behalf of the respondent-Municipality it is submitted that in so far as Departmental candidate is concerned the Circular dated April 24, 1980 bearing No. 300-EMP itself prescribed that Departmental candidates may also be considered for appointment in higher post along with the candidates sponsored by the Employment Exchange provided such Departmental candidates fulfil the conditions of eligibility as may be laid down in the relevant rules of recruitment prescribed for the posts. 4. In such view of the matter the contentions of the petitioner cannot be accepted, that a Departmental candidate cannot participate in the selection process merely on the ground that he has not been sponsored by the Employment Exchange. The said contention is accordingly rejected. 5. However, as regards the constitution of the selection committee is concerned Circular dated February 15, 2001 issued by the Government is binding on the respondent-authorities and therefore, the Selection Committee is required to be constituted comprising of person specified in the said Circular. Objection of the petitioner has to be upheld. The said contention is accordingly rejected. 5. However, as regards the constitution of the selection committee is concerned Circular dated February 15, 2001 issued by the Government is binding on the respondent-authorities and therefore, the Selection Committee is required to be constituted comprising of person specified in the said Circular. Objection of the petitioner has to be upheld. In the result the writ application is being disposed of at this stage with direction upon the respondent-authorities to constitute a Selection Committee in terms of the Circular dated 15th February, 2001 and only thereafter conduct the selection process that is, interview by issuing fresh letters to the candidates after the constitution of the selection committee. 6. With the direction as above, the writ application is disposed of. 7. As no affidavit-in-opposition has been called and relied upon the averments made in the writ application are deemed not admitted. Writ application disposed of with direction.