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Calcutta High Court (Appellete Side)

Sankar Mondal vs The State Of West Bengal & Ors on 27 November, 2025

27.11.2025
 (D/L-06)
 Ct. No.4
 (B.K.N.)
                                      W.P.S.T. 241 of 2025
                                     Sankar Mondal
                                           Vs.
                             The State of West Bengal & Ors.

                               Mr. Debasis Sur,
                               Mr. Dipam Mazumder
                                                              ...for the Petitioner

                               Mr. Tapan Kr. Mukherjee, Ld. AGP.,
                               Ms. Tuli Sinha
                                                                    ...for the State



             1.

Learned advocate for the writ petitioner submits that he will file copy of the order of the Tribunal in course of this day.

2. It is the case of the petitioner that he was working on contractual basis performing duty as a Prosthetic Technician at Regional Artificial Limb Fitting Center attached to N.R.S Medical College & Hospital. An advertisement has been brought out by the West Bengal Health Recruitment Board on 16.10.2025 inviting online registration and submission of applications for recruitment to the post of Medical Technologist OT/P&O/CC/Audiometry Grade III under Health & Family Welfare Department, Government of West Bengal.

3. He submits that since he has performed duties on contractual basis he ought to have allowed some age relaxation having regard to his experience. The petitioner has moved the West Bengal Administrative 2 Tribunal for the relief but in absence of any coram and since the Tribunal is non-functional his matter has been registered as O.A. 622 of 2025 and placed for admission on 18.05.2026 whereas the last date for submission of application is 28.11.2025. He thus submits that in absence of a functional Tribunal this Court should take up the matter and give direction for age relaxation in favour of the petitioner.

4. The learned AGP has opposed the prayer. He submits that in recognition of his contractual services the petitioner has as per averments made in the Original Application availed one opportunity in the recruitment process. Availing the benefit of age relaxation under order passed in O.A. 69 of 2021 he could not emerge successful. In the circumstances it is not open to the writ petitioner to claim age relaxation in every recruitment process.

5. We are in agreement with the submission advanced by the learned AGP. Such age relaxation is not claimed on the basis of any Rule/provision in the advertisement. We further take note of the fact that the age relaxation was granted once to the petitioner as per his own averments but he could emerge successful in the recruitment process. Therefore, we find no reason to pass any such order for giving him further age relaxation.

6. The writ petition is dismissed.

3

7. In view of the nature of the order passed today nothing survives in the pending Original Application. The Original Application No. 622 of 2025 stands dismissed.

8. Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)