Calcutta High Court (Appellete Side)
Pg. Zakir Hossain vs The State Of West Bengal & Ors on 6 September, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
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47 W.P. No. 10809 (W) of 2011
06.09.2011
pg. Zakir Hossain Vs. The State of West Bengal & Ors.
Mr. Mohinoor Rahaman
... For the petitioner
Mr. Manas Kumar Sadhu
... For the State
After considering the submissions made by the learned
advocates appearing on behalf of the parties and upon
perusing the instant writ petition, it appears that the writ
petitioner participated in the recruitment process conducted by
the District Primary School Council, Malda, as a sponsored
candidate, under the 'Ex-census' category. It is the admitted
position that the name of the writ petitioner was sponsored by
the concerned employment exchange. The grievance of the writ
petitioner is that in spite of participation in the recruitment
process and being successful, the District Primary School
Council, Malda, has excluded his name at the instance of the
Director of School Education, West Bengal.
It appears that the reason for such exclusion is due to
the verification process initiated by the concerned authorities
to determine the question of eligibility of the writ petitioner's
candidature. The verification process centers around the
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genuinity and veracity of the exemption claimed by the
petitioner on the strength of his name recorded as an ex-
census worker in the concerned employment exchange, without
having attained the age of maturity.
After considering the submissions made by the learned
advocates for the parties, this Court is of the view that when
the concerned employment exchange has registered the name
of the petitioner under the ex-census category, it is the
concerned employment exchange alone which can doubt the
eligibility of the petitioner of being so empanelled; for it is the
concerned employment exchange which has empanelled the
petitioner upon scrutiny of his particulars and it is not within
the competence of the Council or for that matter any other
authority of the State to doubt such competence of the
concerned employment exchange. In this regard, the
observations made by this Court in an earlier order passed in
W.P. 6339 (W) of 2004 dated 21st April, 2004, may be relied
upon. The said judgment and order was rendered by this Court
in a case where the petitioners claiming to be land evictees and
registered as exempted category candidates by the concerned
employment exchange, were denied to be treated as such by
the concerned District Primary School Council. The contention
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of the Council was negated by the Court with certain
observations, as rendered in the judgment and order dated 21st
April, 2004.
Moreover, it appears from the memo dated 24th January,
2005, issued by the Joint Director of Employment and In-
Charge of Director of Employment, West Bengal, addressed to
the Chairman, Kolkata Primary School Council, that the
minimum age required for registration with employment
exchange is fourteen years.
Having regard to the aforementioned judgment and
order, this Court directs the Director of School Education, West
Bengal, to consider the case of the writ petitioner in the light of
the observations made by this Court therein as well as take
into consideration the memo dated 24th January, 2005,
referred to above and take consequential steps in the matter in
accordance with law, preferably within a period of four weeks,
but not later than six weeks from the date of communication of
a photostat certified copy of this order.
In the event, the Director of School Education, West
Bengal, grants approval in favour of the writ petitioner, the
Chairman of the concerned Council shall issue appointment
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letter in favour of the petitioner within a week therefrom.
Since no affidavits have been called for, allegations made
in the writ petition are deemed to be not admitted by the
respondents.
The writ petition stands disposed of accordingly.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)