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Calcutta High Court · body

2008 DIGILAW 38 (CAL)

Kalyan Rudra v. The State of West Bengal

2008-01-11

JAYANTA KUMAR BISWAS

body2008
Judgment Jayanta Kumar Biswas, J. The petitioner is aggrieved by the fact that the Zilla Parishad has not considered his request for permitting him to participate in the selection process initiated by it for filling a post of assistant engineer. It has been stated in para.4 that the Zilla Parishad requisitioned names of eligible candidates from the employment exchange that has understandably sponsored names of some candidates. It is therefore evident that the process was initiated for direct recruitment, and not for recruitment by promotion. Counsel for the Zilla Parishad does not dispute that a direct recruitment selection process has been initiated. The question is whether the Zilla Parishad was required to publish any employment notice inviting applications from all eligible candidates. According to the West Bengal Panchayat (Recruitment and Conditions of Appointment of Employees of Zilla Parishad) Rules, 1997 the posts of assistant engineer, to the extent of sixty per cent, shall be filled by direct recruitment by considering the candidates sponsored by the employment exchange or the applicants responding to notices published for the purpose in leading newspapers or the candidates obtained from both the sources. In the instant case, the Zilla Parishad decided to obtain names only from the employment exchange. No special reason has been shown why it did not decide to explore both the sources: the employment exchange and the open market. In my view, in such a case as this, and particularly when the statutory recruitment rules give wide discretion to the employer, attempt should be made by the employer to explore all the statutory sources, unless there is any special reason for exploring only one of them. A right to participate in a selection process is a fundamental right of a citizen (provided he is eligible), conferred by the provisions in art.16 of the Constitution of India. Hence an opportunity to exercise his such right by the petitioner (who claims to be eligible) should not have been kept unavailable by the Zilla Parishad without showing any special reason. I think it should be directed to explore both the sources for recruiting, selecting and appointing the best available candidate. For these reasons, I dispose of the writ petition ordering as follows. Employment notice, if not already published, shall be published by the Zilla Parishad inviting applications for the post or posts for which it requisitioned names of eligible candidates from the employment exchange. For these reasons, I dispose of the writ petition ordering as follows. Employment notice, if not already published, shall be published by the Zilla Parishad inviting applications for the post or posts for which it requisitioned names of eligible candidates from the employment exchange. All eligible candidates sponsored by the employment exchange and applying in response to the employment notice published in leading newspapers, shall be considered together for the post or posts for filling which the recruitment process has been initiated. Needless to say that once the employment notice is published, the petitioner, if he thinks that he is eligible, will be free to apply. There shall be no order for costs.