Calcutta High Court (Appellete Side)
(Debabrata Modak vs The State Of West Bengal & Ors.) on 5 December, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
1 W. P. 9016 (W) OF 2016 05.12.2016 (Debabrata Modak -vs- The State of West Bengal & Ors.) No.63 urt no.13 Ms. Husn Ara Begum - for the petitioner Mr. Joytosh Majumder Mr. Samim ul Bari - for the State The petitioner seeks age relaxation to participate in the selection process. By an order dated June 22, 2016 the District Inspector of Schools (S.E.) Alipurduar, was directed to file a report.
The learned advocate for the State files the report in terms of such order. The learned advocate for the petitioner submits that, the petitioner was within the age limit at the time of the initial publication of the advertisement for the selection process. The petitioner had applied therein. The authorities had subsequently postponed such selection process. Subsequently, the authorities have initiated a fresh selection process. At this point of time, the petitioner became overage. The learned advocate submits that, the petitioner should be allowed to participate in the new selection process after condoning the age bar.
It appears from the report that, the initial selection process was initiated without seeking prior approval of the District Inspector of Schools. Consequently, the District Inspector of Schools objected to the process of selection and had requested the authorities to cancel the same. Ultimately, the authorities had cancelled the first selection process and initiated a fresh selection process. With the passage of time, the petitioner became overaged. The age of the petitioner has to be considered at the time 2 when the new selection process commenced. Considering the same, the petitioner is overaged. No law has been shown to the Court to suggest that a person applying in the earlier selection process and being within the age limit prescribed is entitled to be considered for the new selection process in spite of being overaged.
In such circumstances, I am not in a position to accept the request of the petitioner.
W. P. No. 9016 (W) of 2016 is dismissed without any order as to costs. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)