MUSTAFA KAMAL MONDAL Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-1-524
HIGH COURT OF CALCUTTA
Decided on January 25,2012

Mustafa Kamal Mondal Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

TAPEN SEN,J. - (1.) In this Writ Petition an unsuccessful candidate, who had participated for his selection for the post of a Clerk in the Plassey College in the District of Nadia, has filed this Writ Petition with a prayer that the entire selection process for non-teaching staff of the said college be quashed.
(2.) The grounds taken in the Writ Petition are:- a) That the College Authorities selected one Prasenjit Saha (Respondent no.7) as Clerk and who, is a "near relation" of a leader of a political party and who secured very poor marks in the Madhyamik Examination, whereas the Petitioner secured 70 (seventy) per cent marks in the Madhyamik Examination. This has been stated in paragraph 11 of the Writ Petition; Being a relative of a leader of a political party cannot be a ground for judicial intervention unless something gross is brought to the notice of the Court. If such a ground is entertained on such a vague statement, then no relative of any political person can be considered for appointment on any post in India.
(3.) So far as the Petitioner having secured seventy per cent marks and Prasenjit Saha (Respondent no.7) having secured lesser marks in the Madhyamik Examinations are concerned, such a criterion was never indicated in the Advertisement and therefore, this point is also meaningless and is misconceived. The Advertisement, which was produced, is taken on record. b) The second point is that one Lokenath Agarwal was a member of the Selection Committee and he is a businessman of that locality and the Selection Committee has selected a candidate for the post of 'Cashier', who was an employee of said Lokenath Agarwal.;


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