Pronab Basak vs State Of West Bengal & Ors on 30 January, 2012

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Calcutta High Court (Appellete Side)

Pronab Basak vs State Of West Bengal & Ors on 30 January, 2012

Bench: Jayanta Kumar Biswas

                                             1




                            In The High Court At Calcutta
                           Constitutional Writ Jurisdiction
                                    Appellate Side
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.

                             W.P. No. 17229 (W) of 2011
                                   Pronab Basak
                                         v.
                             State of West Bengal & Ors.

Mr Kanailal Samanta, advocate, for the petitioner.

Heard on: January 30, 2012.

Judgment on: January 30, 2012.

      The Court: - The petitioner in this WP under art.226 dated September 29,
2011 is questioning a decision of the Deputy Director, Exempted Category Cell,
Labour Department, Directorate of Employment, Government of West Bengal
dated March 24, 2011 (at p.36).

      Relevant part of the decision is quoted below:
      "In response to your letter dt.15.02.2011 on the subject matter I am to inform you
that as per Office record no communication has been received from the District
Magistrate, Jalpaiguri regarding registration of the name of Sri Pranab Basak in the
Exempted Category Cell as Land Loser. So, the question of taking any action in this
regard does not arise."

      Alleging inaction on the pat of the Directorate of Employment Exchange in
that inspite of direction the District Magistrate the Directorate did not register
the petitioner as an exempted category job seeker the petitioner moved WP No.
8320 (W) of 2010 before this Court under art.226. By an order dated January 7,
2011 (at p.33) the WP was disposed of.

      Relevant part of the order dated January 7, 2011 is quoted below:
       "......After having heard the learned Counsel for the Petitioner and the State
Respondents, I am of the opinion that the application is to be disposed of with a

direction upon the Respondent No.2 to act on the communication, if any, made by the Respondent No.4 and/or to consider his case on the basis of the materials in support of his case where he lays a claim for placement in the Employment Exchange for sponsorship in the Exempted Category."

The Respondent Nos. 2 and 4 in W.P. No. 8320 (W) of 2010 were the following:

"2. The Director, National Employment Exchange, E.C. Cell, Government of West Bengal, 67, Bentinck Street, (4th Floor), Kolkata-700069." And "4. The District Magistrate, Jalpaiguri, Dist.-Jalpaiguri."

There is nothing to show that the District Magistrate, Jalpaiguri ever decided that the petitioner was entitled to be treated as an exempted category job seeker.

Whether the petitioner fulfilled the requirements for getting the status of an exempted category candidate was to be decided by the District Magistrate, and in case of favourable decision the petitioner would have been entitled to register himself with the Directorate of Employment of the Government of West Bengal as an exempted category job seeker.

Since the District Magistrate did not decide the case, the Deputy Director, Exempted Category Cell, Labour Department, Directorate of Employment, Government of West Bengal has rightly turned down the petitioner's request for his registration with the Directorate as an exempted category job seeker. The petitioner ought to have approached the District Magistrate.

For these reasons, the WP is dismissed making it clear that nothing herein shall prevent the petitioner from applying to the District Magistrate for deciding his claim for a certificate that he is entitled to be treated as an exempted category job seeker. No costs. Certified xerox.

(Jayanta Kumar Biswas, J.) ss.

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