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Calcutta High Court (Appellete Side)

Panchugopal Mondal vs The State Of West Bengal & Ors on 29 September, 2011

Author: Biswanath Somadder

Bench: Biswanath Somadder

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   121                    W.P. No. 14657 (W) of 2011
29.09.2011

pg.

Panchugopal Mondal Vs. The State of West Bengal & Ors.

Mr. D.K. Shome, Sr. Advocate Mr. Lakshminath Bhattacharya ... For the petitioner Mr. Joytosh Majumder Mr. Pinaki Dhole ... For the Council Mr. Kamalesh Bhattacharya Mr. Rezeal Hossain Ms. Bratati Roy Choudhury ... For the State Affidavit of service filed in Court today, be kept on record.

The facts of the instant case are more or less identical to that of W. P. No.1846 (W) of 2011.

The writ petitioner participated in the recruitment process initiated by the District Primary School Council, South 24-Parganas, as a sponsored candidate. For the purpose of such participation, the petitioner filled up the requisite bio-data form upon obtaining a certificate from a person by the name of Ranjan Kumar Roy, Upper Division Assistant (Home), Chief Minister's Secretariat Department, Writers' Buildings, who was subsequently found by the 2 Council to be an unauthorised person. The Council, thereafter, did not take the candidature of the writ petitioner into consideration in respect of the selection process in spite of his participation. The issue that came up for consideration in W. P. No. 1846 (W) of 2011 was whether the certification of the bio- data forms by one Ranjan Kumar Roy, who was subsequently found by the Council to be an unauthorised person, was fatal for the purpose of determining the real issue by the concerned Council, i.e., whether the writ petitioner was actually an ex-census worker or not, notwithstanding the admitted position that he was, in fact, sponsored by the Exempted Category Cell, Directorate of Employment, Government of West Bengal, having its office at 67, Bentinck Street, Kolkata -700069. In that writ petition all the writ petitioners were directed to produce the original documents in support of their appointment as enumerators/census workers, which were duly verified and found to be genuine by the Exempted Category Cell, Directorate of Employment, Government of West Bengal. Thereupon, this Court passed certain directions while disposing of that writ petition.

Having regard to the facts and circumstances of the instant case, this Court, however, directs the writ petitioner to first approach the office of the Exempted Category Cell, Directorate of Employment, Government of West Bengal, 67, Bentinck Street, Kolkata -700069, and produce all his original documents in support of his appointment as an enumerator/census worker before the Exempted Category Cell. If the original documents of the writ petitioner are found to be genuine, after due verification by the Exempted Category Cell, that authority shall communicate the genuineness and/or authenticity of the same to the Chairman, District Primary School Council, South 24- Parganas. Upon receipt of such communication from the office of the Exempted Category Cell, Directorate of Employment, Government of West Bengal, the name of the writ petitioner -- if his documents are found to be genuine upon verification by the Exempted Category Cell -- shall be forwarded to the office of the Director of School Education, West Bengal, for grant of formal approval of his selection, provided of course, he is found to be otherwise eligible by the Chairman, District Primary School Council, South 24- Parganas.

The Director of School Education, West Bengal, on receipt of the name of the writ petitioner from the office of the Chairman of the concerned Council, shall accord approval in favour of the writ petitioner, provided of course, he conforms to and fulfils all statutory requirements necessary for the purpose of securing his appointment. It is expected that the Director of School Education, West Bengal, shall take such decision as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from date of receipt of the name of the writ petitioner from the office of the District Primary School Council, South 24-Parganas.

In the event, the Director of School Education, West Bengal, grants approval in favour of the writ petitioner, the Chairman of the concerned Council shall issue appointment letter in his favour within a week therefrom. It is made clear that the writ petitioner, shall, in terms of this order, approach the Exempted Category Cell, Directorate of Employment, Government of West Bengal, with all his original documents in support of his appointment as an enumerator/census worker within three weeks from date of this order.

The Exempted Category Cell, Directorate of Employment, Government of West Bengal, shall complete the verification process in terms of this order within three weeks from date of receipt of a photostat certified copy of this order and the Chairman of the Council shall act thereupon in terms of this order, within three weeks from date of receipt of the name of the writ petitioner duly verified by the Exempted Category Cell. The writ petition stands disposed of accordingly. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.

(Biswanath Somadder, J.)