- (1.) The petitioner in this Article 226 petition dated December 12, 2005 is seeking a mandamus commanding the respondents to "absorb" him "permanently to the post of Clerk (reserved for general category) lying vacant in Dhakuria High School (Chandpara), P.O. Dhakuria Kalibari, P.S. Gaighata, District-24 Parganas (North), forthwith" and also to allow him "to participate in the interview and/or selection process for recruitment to the post of Clerk (reserved for general category) in Dhakuria High School (Chandpara), P.O. Dhakuria Kalibari, P.S. Gaighata, District-24 Parganas (North), forthwith".
(2.) His case is this. The Managing Committee of the institute adopted a resolution dated March 9,1999 to appoint him as a Clerk in the institute on a temporary basis. Accordingly, an appointment letter dated March 15, 1999 was issued, and he joined the institute on a low monthly remuneration of Rs. 150/-. He was verbally assured of a permanent appointment to the post. On January 17,2004 the Managing Committee decided to fill a vacancy for Clerk in the institute. On February 27, 2004 the head of the institute requested the Additional District Inspector of Schools (SE), 24 Parganas (North) to give permission to initiate recruitment process. He requested the head of the institute to absorb him on a permanent basis. Instead of making him permanent, the institute sent requisition requesting the employment exchange to sponsor names of eligible candidates. His name was not sponsored.
(3.) Considering the case of the petitioner, this Court made an order December 15, 2005, which is set out below :- "Admittedly, the petitioner is overaged. The petitioner claims that the petitioner has been working as a Clerk in Dhakuria High School (Chandpara) in the District of North 24 Parganas on temporary basis in the concerned school since 1999. It is alleged by the petitioner that the school authority is going to fill up the said post on permanent basis. The petitioner wants to participate in the selection process for the said post, but the school authority has refused to allow the petitioner to participate in the selection process, as the petitioner is overaged. the petitioner claims relaxation of the age bar. The learned Advocate, appearing for the petitioner relies upon a decision of the Hon'ble Supreme Court in the case of Dr. Surinder Singh Jamwal& Anr. v. State of Jammu & Kashmir & Ors., reported in AIR 1996 SC 2775 in support of his claim for relaxation of the age bar. Under such circumstances, this Court permits the petitioner to participate in the selection process provided he petitioner can satisfy other eligibility criteria for the said post. For the time being, in view of the aforesaid decision of the Hon'ble Supreme Court, this Court directs the concerned authority to allow the petitioner to participate in the selection process, although he has crossed the maximum age limit as prescribed under the extant Rules, provided, however, the petitioner fulfils the other eligibility criteria for the said post. The panel for the said post may also be prepared, but no appointment will be given without the leave of this Court till the end of February, 2006. It is made clear that the petitioner will not be entitled to claim any equity simply because of his/her participation in the selection process. Leave is given to the respondents to file affidavit- in- opposition to this writ petition two weeks after the reopening of this Court after x-mas vacation, reply, thereto, if any, be filed within a week thereafter. Let this matter appear in the list under the heading 'For Orders' in the monthly combined list of February, 2006. Since, inspite of service upon the school authority, the school authority remains unrepresented today, the petitioner is directed to intimate this order to the school authority and file further affidavit of service on the next date of hearing. Let a xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates of the respective parties on usual undertaking.";