Calcutta High Court (Appellete Side)
Shri Narayan Chandra Pal vs The State Of West Bengal & Ors on 18 March, 2013
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
W.P.N0.6907(W) of 2013 Shri Narayan Chandra Pal v.
The State of West Bengal & Ors.
Mr.Parimal Duari .. for the petitioner. Mr.Sadhan Kumar Halder Mr.Abdul Momen .. for the State. Heard on: March 18, 2013. Judgement on: March 18, 2013.
The Court:- The petitioner in this WP under art.226 of the Constitution of India dated February 13, 2013 is questioning a decision of the OSD & Ex-Officio Secretary, Department of Panchayats & Rural Development, Government of West Bengal Dated October 8, 2012 (WP p.54).
The decision was given in connection with engagement of a Geography Samprasarak in one Kankrajhore MSK under Binpur-II Panchayat Samity and dealing with a petition of the petitioner. By an advertisement dated April 18, 2006 (WP p.30) the recruitment process was initiated. It was mentioned that the candidates would be interviewed on April 28, 2006.
The petitioner's case is this. He submitted a complaint dated June 22, 2006 (WP p.31) that the Managing Committee of the MSK interviewing the candidates on April 28, 2006 made the recruitment and appointment keeping everything dark, though he was a permanent resident of the village Kankrajhore. He called upon the authorities to arrange for a fresh interview.2
The documents at pp.48-53 reveal that on the basis of the petitioner's compalint the Mission Director, Paschim Banga Rajaya Shishu Shiksha Mission directed the District Nodal Officer to make an inquiry, and that after making inquiry the District Nodal Officer submitted the report to the authority concerned by a letter dated August 29, 2012. It is in response to the letter of the District Nodal Officer dated August 29, 2012 that the OSD gave the impugned decision.
The relevant parts of the impugned decision of the OSD dated October 8, 2012 are quote below:-
"I am directed to refer to your memo No.371/SSK & MSK dated 29.8.12 on the above and to state that the Managing Committee of Kankrajhore MSK engaged Sri Sukumar Mallick as Samprasarak in Geography who possessed B.A. Degree with Geography as one of the subjects whereas Sri Narayan Chandra Pal had B.Com degree with Economic Geography as one of the subjects.
As per G.O.No.4166/PN/0/1/4P-2/2001 dated 17.6.05 it is stated that candidates who have B.Com or M.Com degree with Economic Geography as one of the subjects may be engaged as a Samprasarak in Geography where graduates with Geography is not available. Thus, the candidate having B.A. degree with Geography should get preference in engagement of Samprasarak in Geography.
Therefore, the prayer of Shri Narayan Chandra Pal does not contain merit in this matter."
It is evident that the petitioner, a B.Com with Economic Geography, could be considered for appointment to the post only if no candidate possessing a B.A. Degree with Geography was available, and that the candidate who was recruited and appointed possessed a B.A. Degree with Geography.
Mr.Duari appearing for the petitioner has argued that the recruited candidate was overage and not a resident of the Samsad concerned.
The engagement of the recruited candidate was known to the petitioner as back as June 22, 2006 when he submitted the first representation alleging that the Managing Committee of the MSK recruited the candidate ignoring the fact that he was a permanent resident of the village Kankrajhore. He did not make any allegation that the person who was engaged being overage and a non- resident of the Samsad concerned was not eligible for the post.
3For these reasons, I dismiss the WP. No costs. Certified xerox.
(Jayanta Kumar Biswas, J.) sm.