Calcutta High Court (Appellete Side)
Pravabati Midya (Sahoo) & Ors vs The State Of West Bengal & Ors on 16 May, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
16.05.11
(PP)
W. P. No. 8387 (W) of 2010
Pravabati Midya (Sahoo) & Ors.
Versus
The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya,
Mr. Anindya Bhattacharya
.......for the petitioners.
Mr. Kallol Basu,
Mr. Suvodip Bhattacharya
.......for the Council.
On the prayer of the learned advocate appearing on behalf of the writ
petitioners, leave granted to amend the cause title of the writ petition by adding
the Exempted Category Cell, Directorate of Employment, Government of West
Bengal, 67, Bentinck Street, Kolkata-700069, as respondent in the instant writ
proceeding. A copy of the amended writ petition may be served upon the added respondent by the learned advocate-on-record of the writ petitioners within a week from date.
The facts of the instant case are more or less identical to that of W. P. No.1846 (W) of 2011.
The writ petitioners participated in the recruitment process initiated by the District Primary School Council, South 24-Parganas, as sponsored candidates. For the purpose of such participation they filled up requisite bio-data forms upon obtaining certificates from a person by the name of Ranjan Kumar Roy, Upper Division Assistant (Home) Chief Minister's Secretariat Department, Writers' Buildings, who was subsequently found by the Council to be an unauthorised person. The Council, thereafter, did not take the candidature of the writ 2 petitioners into consideration in respect of the selection process in spite of their participation.
The issue that came up for consideration in W. P. No. 1846 (W) of 2011 was whether the certification of the bio-data forms by one Ranjan Kumar Roy, who was subsequently found by the Council to be an unauthorised person, was fatal for the purpose of determining the real issue by the concerned Council as to whether the writ petitioners were actually ex-census workers or not notwithstanding the admitted position that all of them were, in fact, sponsored by the Exempted Category Cell, Directorate of Employment, Government of West Bengal, having its office at 67, Bentinck Street, Kolkata -700069. In that writ petition all the writ petitioners were directed to produce the original documents in support of their appointment as enumerators/census workers, which were duly verified and found to be genuine by the Exempted Category Cell, Directorate of Employment, Government of West Bengal. Thereupon, this Court passed certain directions in that matter while disposing of the writ petition.
However, having regard to the facts and circumstances of the instant case, this Court directs the writ petitioners to first approach the office of the Exempted Category Cell, Directorate of Employment, Government of West Bengal, 67, Bentinck Street, Kolkata -700069, and produce their original documents in support of their appointments as enumerators/census workers before the Exempted Category Cell. If the original documents of the writ petitioners are found to be genuine after due verification by the Exempted Category Cell, that authority shall communicate the same to the Chairman, District Primary School Council, South 24-Parganas. Upon receipt of such communication from the office of the Exempted Category Cell, Directorate of Employment, Government of West Bengal, the names of the writ petitioners whose documents are found to be genuine upon verification by the Cell shall be forwarded to the office of the Director of School Education, West Bengal, for grant of formal approval of their selection, provided of course, they are found to be otherwise eligible by the Chairman, District Primary School Council, South 24-Parganas. The Director of School Education, West Bengal, on receipt of the names of the writ petitioners 3 from the office of the Chairman of the concerned Council, shall accord approval in favour of the writ petitioners, provided of course, they conform to and fulfil all statutory requirements necessary for the purpose of securing their appointments. It is expected that the Director of School Education, West Bengal, shall take such decision as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from date of receipt of the names of the writ petitioners from the office of the District Primary School Council, South 24- Parganas. In the event, the Director of School Education, West Bengal, grants approval in favour of the writ petitioners, the Chairman of the concerned Council shall issue appointment letters in their favour within a week therefrom. It is made clear that the writ petitioners, shall, in terms of this order, approach the Exempted Category Cell, Directorate of Employment, Government of West Bengal, with their original documents in support of their appointments as enumerators/census workers within three weeks from date of this order. The Exempted Category Cell, Directorate of Employment, Government of West Bengal, shall complete the verification process in terms of this order within three weeks from date of receipt of a photostat certified copy of this order and the Chairman of the Council shall act thereupon in terms of this order, three weeks from date of receipt of the verified names of the writ petitioners from the Exempted Category Cell.
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.)