M. H. S. Ansari, J. - (1.) The grievance of the petitioner in the instant case is that for the post of Sub-Assistant Engineer of Jhalda Municipality, which post was created by the Government by its order dated 5.12.00, Annexure 'P5' the same is required to be filled up by direct recruitment after obtaining names from the local Employment Exchange. The petitioner's name has been sponsored by the local Employment Exchange and the grievance of the petitioner is that in service candidate is also being allowed to participate in the said selection process. Though the said Departmental candidate has not been sponsored by the Employment Exchange and therefore it is contended that in terms of the Act, 1999 and also the provision contained in Rule 54 (3)A of the West Bengal Municipal Act such person cannot be allowed to participate.
(2.) The second ground assailing the selection process is that the selection committee has been constituted from the councillors by virtue of resolution dated 5.11.01 being Annexure 'P4' and the same is contrary to the Circular issued by the Government dated February 15, 2001 bearing No. 169/MA/0/C/4/ 1A-7/2000 whereby three members selection committee has been constituted specifying the members thereof.
(3.) On behalf of the respondent-Municipality it is submitted that in so far as Departmental candidate is concerned the Circular dated April 24, 1980 bearing No. 300-EMP itself prescribed that Departmental candidates may also be considered for appointment in higher post along with the candidates sponsored by the Employment Exchange provided such Departmental candidates fulfil the conditions of eligibility as may be laid down in the relevant rules of recruitment prescribed for the posts.;