Calcutta High Court (Appellete Side)
In Re: Ashoke Kumar Gorain vs The State Of West Bengal & Ors on 5 February, 2020
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
05.02.2020
Item No.01
Court No.15
Krishnendu
W.P. No. 22702 (W) of 2019
In re: An application under Article 226 of the Constitution of India filed on
05.12.2019;
And
In re: Ashoke Kumar Gorain
- Versus -
The State of West Bengal & Ors.
Mr. Asim Banerjee
Mr. Ambu Bindu Chakraborty
For the Petitioner
Mr. Subir Sanyal
Mr. Ratul Biswas
For the Board
Mr. Bhaskar Prasad Vaisya
Mr. Nilay Baran Mandal
For the Council
The present writ petition has been preferred challenging, inter alia, the inaction
on the part of the respondents to grant appointment to the petitioner to the post of an
assistant teacher in a primary school upon condonation of age bar.
Mr. Banerjee, learned advocate appearing for the petitioner submits that the petitioner applied for participation in the Teacher Eligibility Test (in short, TET) of 2012). The examination was, however, not held in the year 2014. The West Bengal Board of Primary Education (in short, the said Board) arranged fresh examination in the year 2016. The petitioner qualified in the same and was called for verification and interview on 26th October, 2016. On the said date as the petitioner exceeded the upper age limit for appointment, he submitted appropriate documents seeking age relaxation but the same were not considered.
Drawing the attention of this Court to the government notification dated 12th April, 1982, annexed at page 29 of the writ petition, Mr. Banerjee submits that the 2 petitioner is entitled to the benefits of the said notification and the authorities are under an obligation to grant age relaxation and to appoint him.
Per contra, Mr. Biswas, learned advocate appearing for the Board submits that on the basis of the TET 2012 examination, selection process was completed in the year 2014. The participants, who were unsuccessful in TET, 2012 were, however, granted liberty to participate in TET, 2014 examination held in 2015 without deposition of further fees. On the date the petitioner appeared for verification, he was age barred. In support of such contention, he has placed before this Court the notification issued in continuance of the notice dated 24th September, 2016 inviting on line applications from TET, 2014 qualified candidates. Let a copy of the said notification, as produced, be kept on record.
It appears from the said notification that the candidate is required to have completed "the age of 18 years as on 1st day January of the year of advertisement and has not completed the age of 40 years on the 1st day of January of the year of advertisement". It further appears from the Madhyamik Pariksha Certificate, as annexed to the writ petition, that the petitioner's date of birth is 1st October, 1964. As such, on the date of verification, i.e. on 26th October, 2016, the petitioner admittedly was more than 52 years of age. The petitioner is an O.B.C. candidate and as such he is at least entitled to relaxation of three years of age. Even if he is given such relaxation, he does not fulfil the age criterion. Furthermore, the notification dated 12th April, 1982 pertains to grant of relaxation of upper age limit to the State Government employees for appointment to non P.S.C. posts and services under the Government. However, in the instant case the petitioner is seeking appointment to the post of a primary teacher under the Council.
3
In the said conspectus, this Court is unable to grant the relief, as prayed for in the present writ petition, and the same is, accordingly, dismissed.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all necessary formalities.
(Tapabrata Chakraborty, J.)