Calcutta High Court (Appellete Side)
Chanchal Kumar Panchadhyai vs State Of West Bengal & Ors on 9 September, 2011
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
9.9.11
rc
W.P. 14407(W) of 2011
Chanchal Kumar Panchadhyai
-Vs-
State of West Bengal & Ors.
Mr. Shamim Ahemed ... For the Petitioner
Mr. Pratik Prakash Banerjee
Mr. S. Chatterjee ... For the State
This writ application is filed by the petitioner to allow him to participate in
the selection process for filling up the post of Laboratory Attendant in Ramnagar
College, Post Office - Depal, District - Purba Medinipore.
According to the petitioner the interview in connection with the above
selection process is scheduled to be held on September 11, 2011 or on any other
subsequent date.
According to the petitioner he has been working as Laboratory Attendant of
the college under refernece as a daily rated casual employee with effect from April
29, 2004. His present age about 44 years. According to the recruitment rules the
maximum age limit for an eligible candidate for the post in question is 37 years.
According to him he is entitled to participate in the above selection process after
condoning the age bar prescribed in the recruitment rules in vogue.
The learned counsel appearing on behalf of the petitioner relied upon the
decision of State of M.P. & Ors. Vs. Yogesh Chandra Dubey & Ors. reported in
(2006)8 SCC 67 and Saidul Islam Vs. State of West Bengal reported in 2010(1)
CHN 497.
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The above submissions made on behalf of the petitioner is vehemently
opposed by the learned junior standing counsel, Government of West Bengal.
According to him, no relaxation with regard to the age criteria can be granted to
the petitioner violating the recruitment rules in vogue as decided in the matter of
State of Karnataka Vs. Uma Devi-III reported in (2006)4 SCC 1. Mr. Banerjee
distinguishes the decisions relied upon by the learned counsel appearing on
behalf of the petitioner.
I have heard the learned counsel appearing for the respective parties and I
have given my consideration to the facts and circumstances of this case.
Admittedly the age limit prescribed in the recruitment rules in vogue in respect of
the eligible candidates for the post of laboratory attendant of aided and unaided
colleges in the State of West Bengal is 37 years so far as the candidates belonging
to general category are concerned. In this case, petitioner belongs to the general
category. It is not in dispute that he has crossed the above maximum age limit.
The only question which has fallen for consideration before this Court as to
whether any mandate can be given to the respondent authority to allow the
petitioner to participate in the selection process under reference condoning the age bar prescribed in the recruitment rules.
The law is well settled in this regard. A Constitution Bench of the Hon'ble Supreme Court in the matter of Uma Devi-III (Supra) decided that the recruitment rules are to be followed strictly and not in breach. 2 3
After considering the cases of the casual employees of Commercial Tax Department the Hon'ble Supreme Court granted some relief to them under the provisions of Article 142 of the Constitution of India.
Needless to point out that a Court sitting in writ jurisdiction is bound to follow the ratio laid down by the Hon'ble Supreme Court and it does not enjoy any power under Article 142 of the Constitution of India.
In view of the above settled principles of law no relief can be granted to the petitioner in this writ application directing the respondent authorities to allow him to participate in the selection process under reference condoning the age bar prescribed in the recruitment rules in vogue.
I do not find that the decision of Yogesh Chandra Dubey (Supra) has any manner of application in this case because the above case also some relaxation was given for condoning the age bar under Article 142 of the Constitution of India.
The decision in the matter of Saidul Islam (Supra) has no manner of application in this case because the issue before the Court was to determine the material date for considering the age of the participant in a selection process. In doing so a Single Bench of this Court held that the date of obtaining prior permission was the material date for considering the age of the participant in the selection process. At this stage this Court cannot ignore the settled principles of law that treating the words of a judgment as their words in legislative enactment and disposal of the cases placing reliance on them without indicating its applicability is improper. Reference may be made to the decision of Punjab 3 4 National Bank Vs. R.L.Vaid & Ors. reported in AIR 2004 SC 4269 and the relevant portion of the above decision are quoted below :
"5. We find that the High Court has merely referred to the decision of R.K.Jain's case (Supra) without even indicating as to applicability of the said decision and as to how it has any relevance of the facts of the case. It would have been proper for the High Court to indicate the reasons and also to spell out clearly as to the applicability of the decision to the facts of the case. There is always peril in treating the words of the judgment as though they are words in a Legislative enactment and it is to be remembered that judicial utterances are made in the state of the facts of a particular case. Circumstantial flexibility one additional or different fact may make a difference between conclusions in two cases. Dismissal of cases by merely placing reliance on a decision is not proper. Precedent should be followed only so far as it marks the path of justice but you must cut out the dead wood and trim of the side branches else you will find yourself lost in thickets and branches said Lord Denning while speaking in the matter of applying precedents. The impugned order is certainly vague."
In view of the above discussion and observations made hereinabove, this writ application is dismissed.
There will be, however, no order as to costs.
Urgent photostat copy of the order, if applied for, shall be given to the parties on the usual undertakings.
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