Calcutta High Court (Appellete Side)
Ac Souvik Pal vs State Of West Bengal & Ors on 2 February, 2012
Author: Harish Tandon
Bench: Harish Tandon
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Sl/ 02.02.12 W.P. 22442 (W) of 2009
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ac Souvik Pal
-vs-
State of West Bengal & Ors
Mr. Saurav Mitra ... For Petitioner
Mr. T.D. Maity ... For State
Assailing the action of the respondent
authorities in not permitting the petitioner to participate in the selection process, the petitioner moved before this Court by filing the instant writ petition.
At the time of admission of the instant writ petition, this Court on 16th December 2009 directed the respondent authorities to allow the petitioner to participate in the written examination scheduled to be held on December 20, 2009. It was further observed that mere participation in the said selection process shall not create any equity in favour of the petitioner and the said participation shall abide by the result of the writ petition.
Admittedly, the petitioner was allowed to participate in the selection process in terms of the said order and is found successful but approval of his appointment is withheld because of pendency of the instant writ petition.
On identical facts I had an occasion to consider a matter, in W.P. 22574 (W) of 2009, where similarly circumstanced persons participated, in terms of the order of the Court, and were found successful. It is held in the said matter that the selection process cannot 2 be restricted among the sponsored candidates only but the candidates other than sponsored candidates shall also be entitled to offer their candidature as Rule 8 of the Recruitment Rule is constitutionally invalid.
W.P. 22442 (W) of 2009 I find that the point involved in the instant writ application is similar and identical to the point decided by me in the aforesaid matter. Therefore, I have no other alternative but to take a similar view, as has been taken by me in the earlier matter.
Accordingly, respondent no. 2 is directed to grant necessary approval to the appointment of the petitioner within a period of two weeks from the date of receipt of recommendation by the Chairman, District Primary School Council. After approval is granted, appointment shall be given to the petitioner immediately by the appointing authority. However, the concerned authority is also directed to fix the scale of pay of the petitioner upon giving notional benefit with effect from the date of appointment of the candidate who is immediately above the serial number of the writ petitioner.
The writ application is, thus, disposed of. However, there will be no order as to costs.
Urgent photostat certified copy be supplied to the parties, if applied for, on priority basis.
(Harish Tandon, J.)