Calcutta High Court (Appellete Side)
Rakhahari Pradhan vs The State Of West Bengal & Ors on 18 July, 2014
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1 18.07.2014
W.P. 20288(W) of 2014 ss Rakhahari Pradhan Vs. The State of West Bengal & ors.
Mr. Soumen Kr. Dutta Mr. Subhas Jana ... For the petitioner Mr. K. M. Siddiqui ... For the State <, Let affidavit of service filed today be kept on record.
The point raised in this writ petition relates to issuance of Mandamus upon the college authorities to allow the petitioner to participate in the selection process for filling up the post of Laboratory Attendant (Zoology) upon condonation of age bar.
It is not in dispute that the petitioner had been working as temporary/casual employee since the month of August, 1999 continuously and uninterruptedly. The certificate to that effect is issued by the college authority, which is also not in dispute.
According to the petitioner, he is discharging his duties against the substantive post and, therefore, cannot be said to be an illegal appointee. The college authority has advertised for commencement of the selection process to fill up the post Laboratory Attendant (Zoology) indicating the requisite eligibility criteria, which includes the maximum age for the candidate to apply. The petitioner is admittedly over aged. The petitioner was not allowed to offer his candidature in terms of the said advertisement for the said post and, being aggrieved has come up before this Court by way of filing this writ petition.
On the basis of the above undisputed facts, the reliance is heavily placed upon a larger Bench judgement of this Court in case of Gobinda Chandra Mondal vs. Principal, Rabindra Mahavidyalaya reported in 2013(1)CHN 9, wherein it is held that the candidate having requisite qualification at the time of appointment against the substantive post on ad hoc or temporary basis should be allowed to compete and participate in the selection process along with other eligible candidates condoning the age bar as they have acquired right to be considered.
In another matter the Single Bench of this Court raised a doubt as to the ratio laid down in the above larger Bench decision, which came up for consideration before the Division Bench and the Division Bench in case of Debleena Ghosh vs. State of West Bengal reported in 2013 (3) CHN 746 (Cal) held that the Single Bench is 2 bound by the decision of the Larger Bench and cannot refer the matter for constituting the Bench of larger quorum.
The ratio laid down by the Larger Bench in the said report is that an ad hoc or temporary employee, who had all the requisite qualifications including the age at the time of such appointment, shall be allowed to participate in the selection process after condoning the age bar. According to the petitioner, his candidature has not been accepted only on the ground of overage. This Court feels that the authorities cannot deny the right of the petitioner to offer his candidature and compete the selection process along with other eligible candidates after condoning the age bar.
The college authorities or the Selection Committee is directed to allow the petitioner to appear in the selection process along with other candidates after relaxing the age bar provided the other requisite qualifications or conditions put in the said advertisement are found to have been complied with.
With the above observations, the writ petition is allowed. There will be no order as to costs.
<,, , (Ashoke Kumar Dasadhikari, J.)