Calcutta High Court (Appellete Side)
Dr. Suparna Chattopadhyay vs The State Of West Bengal & Ors on 16 May, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
1
05.2016
A.S.T. 04 (W) of 2016
Dr. Suparna Chattopadhyay.
Vs
The State of West Bengal & Ors.
Mr. Jayanta Banerjee
Ms. Shyamali Banerjee... for petitioner
Mr. Biswajit Mukherjee
.. for respondent Nos. 2,4 & 9.
Mr. Swapan Banerjee Mr. K. M. Hossain Mr. S. Panja... for the State Ms. Koyeli Bhattacharya .. for Service Commission This case, as admitted by learned counsel is similar to W.P. 25 of 2016 (Dr. Md. Mohosin Banka & Ors. vs. KMC & Ors.) (Original Side) partly allowed by this Court on 3rd May, 2016 on the following terms :
"The four petitioners were recruited on contractual basis in or around 2007. It appears from the records that the writ petitioners were selected more or less following the procedure for normal selection. All of them have been working as Medical Officers in Kolkata Municipal Corporation for nine years or so.
The respondent Corporation has started the selection process for recruitment of Medical Officers. When this writ was moved an interim order was passed on 18th January, 2016 directing the Corporation not to fill up four posts. Mr. Mukherjee, learned counsel appearing for the Corporation submits that the 2 selection process has not proceeded any further on account of the retirement of the Chairman of the Municipal Service Commission.
The respondent Corporation has prescribed the maximum age for candidates. It is 37 years. They have relaxed it by three years in the case of contractual employees, who wish to participate in the selection process.
The petitioners cannot avail of this relaxation. Each of them is between 45 and 47 years of age.
It seems that ever since they joined the service of the Corporation there has been no effective selection process. A selection process was initiated in 2010 but not carried through.
Therefore, whilst in service the petitioners had no real opportunity of participation in the selection process. If it had been initiated, they might have had a chance of participating in it, as they may have at that point of time fulfilled the age criterion.
In my opinion, the petitioners have spent a substantial number of years with the Corporation. They have worked hard sacrificing other avenues. They have also gained substantial experience. In my view, these employees should not be left high and dry by this selection process.
In those circumstances, I direct the Commissioner of the respondent Corporation to suitably relax the age criterion for the four writ petitioners so that they can participate in the selection process. Furthermore, in order to enable them to utilise the value of their experience, the interview marks should be of maximum value [for all the candidates], within the norms set by law."
For the self-same resons, this writ application is partly allowed by directing the Commissioner to allow the writ petitioners to participate in the Recruitment 3 Examination 2015 for the post of Medical Officer [General] under the Kolkata Municipal Corporation commenced by Advertisement No.2 of 2015 [annexure P/10 at page 68 of the petition] on the same terms and conditions as in the order dated 3rd May, 2016subject to each of the petitioners making an appropriate application by 15th June, 2016. The selection will be conducted and concluded following the observations made above so as to give an opportunity to the petitioners to effectively participate in the selection process, within three months from the last date for receiving applications.
The interim order dated 18th January, 2016 is extended till the conclusion of the recruitment process.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
Let a plain photocopy of this order duly counter-signed by the Assistant Registrar (Court) be handed over to learned counsel for the parties upon usual undertaking.
( I. P. Mukerji, J.)