SWAPAN KUMAR MRIDHA Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-3-207
HIGH COURT OF CALCUTTA
Decided on March 26,2012

Swapan Kumar Mridha Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

ASHOKE KUMAR DASADHIKARI,J. - (1.) The writ petition relates to appointment of Lecturer through West Bengal College Service Commission in the year 2008 and the concerned writ petitioner was an aspirant candidate. Admittedly, the writ petitioner is a teacher of higher secondary school. At the material time the petitioner was 42 years of age and the age limit prescribed is 35 years for the post. The petitioner's contention is that although he is serving as a teacher in a school, he is entitled to 15 years age relaxation as per College Service Commission guideline, since he is coming under the category of existing teacher.
(2.) Earlier the writ petitioner moved a writ petition with the aforesaid claim and contention that he is an existing teacher, teaching in a higher secondary school and therefore, he is entitled to get 15 years age relaxation. The earlier writ petition, W.P. No.4945(W) of 2010 was heard and disposed of on 6th July, 2010 after hearing the parties. In the order dated 6th July, 2010 this Hon'ble Court directed the concerned respondent to examine the petitioner's claim for being eligible for relaxation of age on the basis of teaching experience in a higher secondary school and the decision was to be taken within a period of four weeks from the date of communication of the order.
(3.) On the basis of the aforesaid direction the Chairman, West Bengal College Service Commission, by his order dated 12th October, 2010, decided that as per G.O. dated 17th June, 1999 it appears that the existing teacher means College or University teacher only and therefore, the writ petitioner being a teacher in higher secondary school cannot be considered as eligible candidate for getting 15 years' age relaxation, for giving appointment in the post of Lecturer.;


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