- (1.) The short question in this writ petition is, whether a candidate can be denied appointment to the post of Assistant Teacher of a Primary School as a candidate of the exempted category of ex-census enumerators, on the ground that he was under age at the time of his initial appointment as census enumerator.
(2.) This writ application is directed against the action of the respondent- Primary School Council in withholding empanelment of the petitioner, who participated in the selection process for appointment of Primary School Teachers in Nadia district, as a candidate of the exempted category of ex-census enumerators. Pursuant to an advertisement issued by the Primary School Council the petitioner applied. The candidature of the petitioner was considered as an ex- census enumerator and accordingly an admit card was issued to the petitioner to appear for the written test. The petitioner appeared for the written test successfully and was thereafter issued a call letter for an interview/aptitude test. A copy of the said letter has been annexed to the writ application.
(3.) According to the petitioner there were 363 vacancies in Bengali medium schools in Nadia district reserved for exempted category candidates. The vacancies were in excess of the total number of eligible exempted category candidates who applied. It is stated that there were roughly two hundred applicants competing and/or contesting for 363 vacancies. This averment has not specifically been denied by the Primary School Council in its affidavit-in- opposition. According to the petitioner, when the final panel was published in the website of the said Council there was a remark "You are not empanelled" against the name of the petitioner. The petitioner contends that the Council is under a statutory obligation to fill up all vacancies, in the absence of any compelling reason not to do so.;