Calcutta High Court
Dr. Md. Mohosin Banka & Ors vs Kmc & Ors on 3 May, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
ORDER SHEET
WP 25 OF 2016
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
DR. MD. MOHOSIN BANKA & ORS.
Versus
KMC & ORS.
.........
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI Date : 3rd May, 2016.
Mr. S. Mazumdar...appears.
Mr. B.Mukherjee, Mr. D.K. Chatterjee, Mr. A. Dey...appear.
The Court : All 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 13th January, 2016 directing the Corporation not to fill up four posts. Mr. Mukherjee, learned counsel appearing for the Corporation submits that the 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 2 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.
Hence, this writ application is partly allowed by directing the Commissioner to allow the writ petitioners to participate in the Recruitment Examination 2015 for the post of Medical Officer [General] under the Kolkata Municipal Corporation commenced by Advertisement No.2 of 2015 [annexure P/3 at page 30 of the petition] subject to each of the petitioners making an appropriate application by 31st May, 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.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I. P. MUKERJI, J.) Pkd. A.R.[C.R.]