SANTWANA CHAKRABORTY Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2011-1-180
HIGH COURT OF CALCUTTA
Decided on January 17,2011

Santwana Chakraborty Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

- (1.) The petitioner in this art.226 petition dated October 7, 2002 is questioning two memos dated December 2, 1997 (at p.32) and September 19, 2002 (at p.47) both issued by the District Inspector of Schools (SE), North 24 Parganas.
(2.) The petitioner was voluntarily doing the work of Group-'D' staff in Sukchar Satadal Balika Vidyayatan from June 21, 1995. For filling the vacancy for a Group-'D' post occurring in 1996 the school authority took steps according to the recruitment rules. Names of eligible candidates were requisitioned from the employment exchange that sponsored names, the petitioner was not one of them. She moved W.P. No. 12546 (W) 1997 before this Court under art.226 alleging that the school authority was not inclined to permit her to participate in the selection process. According to the recruitment rules, only those persons whose names were sponsored by the employment exchange were entitled to participate in the selection process. However, by an order dated July 15, 1997 W.P. No. 12546 (W) of 1997 was disposed of directing the school authority to permit the petitioner to participate in the selection process with the candidates whose names were sponsored by the employment exchange "subject to the condition that the petitioner must be within the prescribed age limit."
(3.) Though the petitioner was overage, the school authority permitted her to participate in the selection process and she topped the list of select candidates prepared by the selection committee. After accepting the list the managing committee of the school forwarded it to the District Inspector of Schools (in short DIS) for approval required under the rules. By the decision dated December 2, 1997 the DIS directed the school authority "to recast" the list on the grounds that the petitioner, the first candidate therein, was overage at the relevant date. The petitioner submitted a legal notice dated December 22, 1997 (at p.33) requesting the DIS to withdraw his order dated December 2, 1997 on the grounds that though she was overage, she was allowed to participate in the selection process as a candidate. Then alleging non-consideration of her request she moved W.P. No. 1336 (W) of 1998. By an order dated September 25, 2000 the petition was disposed of.;


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