BISWANATH SOMADDER,J. - (1.) Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the writ petitioners had applied for the post of Anganwari helpers. According to the learned advocate for the petitioners although the qualification for the concerned post was that of Class - IV pass, the writ petitioners held higher qualification of being Madhyamik pass. As such, the writ petitioners were eligible to be considered for selection and were duly selected. However, subsequently an order was passed by the District Magistrate, Paschim Medinipur, on 7th June, 2011, whereby they they were all dismissed from service, which is the subject matter of challenge in the instant writ petition.
(2.) In this context, the learned advocate for the petitioners has relied on a Full Bench judgment of this Court rendered in the case of Rina Dutta and Ors. v. Anajli Mahato and Ors., reported in 2010 (3) CHN (CAL) 168 , and submitted that the said judgment would be applicable in the facts of the instant case and the writ petitioners could not be held to be ineligible for the posts-in-question, merely on the ground of having higher qualification.
(3.) The judgment of this Court in Rina Dutta's case has no manner of application at all. The judgment is not an authority for the proposition that if a particular qualification is specified in an advertisement for a particular post and the prospective employer provides a condition which disqualifies candidates possessing higher qualification to apply for the said post, such candidates would nevertheless be eligible to be considered for selection.;