- (1.) PETITIONERS claim themselves to have been registered under the Exempted Category as -Ex Census-Workers.
(2.) BY a Government Order dated 12th November 1992, 30% of the vacancies were directed to be filled up from the Exempted Category which brings within itself Ex-Census personnel, Ex-Job Worker (Election) personnel, Members of martyrs families, Members of the employees died in harness, Ex-Sibir Karmachari, Land Evictees, etc. However, 10 % of the vacancies, reserved under the Exempted Category, is being filled under -Death-in-harness- category. In this writ petition, the petitioners have claimed that the authorities did not maintain the 30% reservation for the Exempted Category and have filled only 11 candidates out of 1178 empanelled candidates for appointment to the post of primary teachers. According to the petitioners, if 30% vacancy is reserved for the -Exempted Category-, there is no justification for appointing 11 candidates only under the -Ex-Census- Category. Mr. Bhattacharya, appearing for the District Primary School Council, Jalpaiguri, submits that total number of vacancies, under the -Exempted Category- was notified as 262 which have already been filled by giving appointments. He further submits that it is not correct that only 11 candidates have been appointed under the -Exempted Category-, as alleged by the petitioners. On perusal of the Memo dated 12th March 2005 submitted by Mr. Bhattacharya it appears that 262 vacancies have been filled under the -Exempted Category- and the allegation that only 11 vacancies have been filled does not appear to be correct.
(3.) FURTHERMORE, the petitioners participated in the selection process by submitting bio data/testimonials but failed to succeed. After participation in the selection process, the petitioners cannot take a rebound and challenge the selection process. Thus, I do not find any merit in the instant writ application. The same is hereby dismissed. However, there will be no order as to costs. Urgent photostat certified copy be supplied to the parties, if applied for, on priority basis.;