Calcutta High Court (Appellete Side)
Dr. Subarna Kundu (Kumar) vs State Of West Bengal & Ors on 30 May, 2013
Author: I. P. Mukerji
Bench: I. P. Mukerji
1 30.05.2013
. WPST 212 of 2013
akd-1 & dc.
Dr. Subarna Kundu (Kumar)
versus
State of West Bengal & Ors.
Mr. Ekramul Bari,
Mr. K. M. Hossain,
Ms. Tanuja Basak ... For the Petitioner.
Mr. Sk. Mujibar Rahman ... For the State.
Mr. A. Mitra ... For the Public Service Commission.
This is an application under Article 226 of the Constitution of India.
The applicant is Dr. Subarna Kundu (Kumar). He is aggrieved by an order dated 27th May, 2013 passed by the West Bengal Administrative Tribunal in an application made by the petitioner before it (O.A. No. 673 of 2013).
In that application, the Tribunal did not pass any order, instead it passed a direction for filing of affidavits.
The dispute is with regard to recruitment of officers to the post of Veterinary Officer in the Government of West Bengal. The age and qualification prescribed was not more than 32 years on 1st January, 2012 (relaxable by 5 years for (i) specially well-qualified candidates, or (ii) persons already in service of Government or a statutory body or a recognized Institution).
2Now the case of the petitioner is that he is eligible for such relaxation.
The learned counsel for the Commission shows us the following provisions in the advertisement.
"If sufficient number of candidates with prescribed age limit is available for selection for a particular post, the commission may exercise its discretion not to relax upper age limit of the candidate(s) even if the provision for such relaxation is laid down in the advertised criteria."
He submits that if a sufficient number of candidates within the prescribed age limit is available, then there is no question of relaxation. On that ground a letter dated 17th May, 2013 was issued by the Public Service Commission, West Bengal to the petitioner stating that the relaxation of age was not available to him.
Prima facie, we are of the view that availability of candidates within the prescribed age limit does not automatically exclude relaxation of age of overaged candidates. Exercise of discretion is involved. To be more specific whether to prefer a candidate or candidates within the age limit or to prefer the candidate over the age limit with the required qualification, experience and so on. The discretion could also extend to having some overaged candidates and the rest within the stipulated age limit.
3This question has to be gone into by the Tribunal. If the Commission fills up all the 100 vacancies the petitioner would be rendered remedyless.
We are of the view that the Tribunal ought to have passed an interim order directing the petitioner to take part in the interview scheduled to be held on 31st May, 2013 without prejudice to his rights and contentions. We order accordingly. Furthermore the Tribunal ought to have directed the Commission to keep one place vacant, in case the petitioner succeeded in the application before it. We order accordingly.
We dispose of this application by passing the above interim order and directing the Tribunal to adjudicate the application before it as expeditiously as possible.
The learned counsel for the Commission is directed to ensure that his client acts in terms of this order.
Let photostat plain copies of this order, duly countersigned by the Assistant Registrar (Court), be given to the learned advocates of the parties on usual undertaking.
( I. P. Mukerji, J.) ( Murari Prasad Shrivastava, J. )