Dipak Prakas Kundu, J. - (1.) The writ petitioner in this writ application has prayed for an order commanding the concerned respondents-authorities as well as the Selection Committee for the said purpose to allow the petitioner in the interview to be held on 4th August, 2C01 for the post of Panchayat Sahayak in 7 No. Dariapur Gram Panchayat under Contai-II Panchayat Samity, District-Midnapore.
(2.) The learned Advocate appearing for the writ petitioner supported the claim of the writ petitioner on the basis of a circular dated 4,12.1998 issued by the Principal Secretary to the Government of West Bengal. In the aforesaid circular dated 4.12.1998, it was laid down that ten per cent of the total post of Sahayak of Gram Panchayat in a district shall be filled up by promotion from among the serving Gram Panchayat Karmees in a Gram Panchayat within the district who have passed Madhyamik or equivalent examination and have put in at least ten years of regular and satisfactory service. If, however, no eligible candidate is available for filling up a vacancy. The post will be filled up by direct recruitment. The said circular dated 4.12.1998 further laid down that the remaining 90% of the post in a district shall be filled up by direct recruitment in the manner specified in Memo No. 2701-PN/N/III/2A-25/97 dated 28.7.1998. In Memo dated 28.7.1998, it was laid down that the candidature of persons not sponsored by the Employment Exchange(s) shall also be considered along with the candidates sponsored by the Employment Excbange(s) for recruitment against the vacancies. It was further laid down by the aforesaid Memo dated 28.7.1998 that from time to time the Recruitment Committee shall send requisition to the appropriate Employment Exchange or Exchanges within the districts for names of candidates and publish notice in leading newspapers in the manner laid down in the said Memo inviting application from the intending candidates eligible for the post(s).
(3.) The learned Advocate for the petitioner also relied upon the decision of a Division Bench of this High Court in Santa Prosad Jana v. State of West Bengal & Ors. reported in 2000 WBLR (Cal) 357. The learned Advocate for the petitioner also relied upon the decision dated 18 9.2000 rendered by P. K Samanta, J. in Suman Ali v. Govt of West Bengal & Ors (W.P. No. 10315(W) of 2000). Today while replying, the learned Advocate for the petitioner relied upon the decision in the case of Y. V. Rangaiah & Ors. v. J. Sreenivasa & Ors. reported in AIR 1983 SC 852. The learned Advocate for the petitioner today also relied upon a Division Bench Judgment of this High Court in Basudeb Bag & Anr. v. Bhaskar Chandra Kar & Ors. reported in 1996(1) CLJ 20. The learned Advocate for the petitioner also relied upon an order passed by me on 6.4.2001 in W.P. No. 5071 (W) of 2001.;