HARISH TANDON, J. - (1.) THE petitioner has prayed for an order for giving appointment to the petitioner upon declaration of the result in the Recruitment Process commenced in the year 2006. Admittedly, the petitioner is registered with the Director of Employment, Exempted Category Cell, Government of West Bengal, the respondent no. 6 herein. The petitioners' name was sponsored by the said respondent to the District Primary School Council, South 24-Parganas, the respondent no.3 herein. After receiving the letter of sponsorship, notice was published inviting all such candidates to submit their bio-data and testimonials. Pursuant to the said advertisement, the petitioner submitted the bio-data offering his candidature under the Exempted Category. It is undisputed that the petitioner was found eligible to sit in the written test. The result so published shows that the petitioner is kept under the list of the withheld candidates by the said Council. After persistent effort, it was brought to the notice of the petitioner that his appointment is withheld as the certification given in Paragraph 16 of the bio-data form is not by an appointing authority but by one Ranjan Kumar Roy, Upper Division Clerk who is subsequently blacklisted. In affidavit-in-opposition, apart from the above ground, the Council further contends that by Notification No. 303-Emp/1M-10/2000 dated 21st August, 2002, the petitioner could not have been treated as ex-census worker/enumerator to get the benefit as a candidate of the Exempted Category. It is stated that Paragraph 5 of the said notification provides that the candidate can only be registered under the Exempted Category as ex-census worker/ enumerator if he has worked 240 days before the year 2000.
(2.) THE learned Advocate appearing for the petitioner submits that the Council could not withheld the appointment of the petitioner on the ground either for defective certification or wrong registration under the Exempted Category Cell by the Director of Employment, after allowing the petitioner to participate in the selection process. He strenuously submits that the Council cannot contend that the registration of the petitioner with the concerned Employment Exchange is bad as both the statutory authorities have definite and defined duties under the respective Acts. Lastly it is submitted that in Paragraph 16 of the bio- data form, the certificate is given by one Ranjan Kumar Roy who has been subsequently blacklisted and a proceeding is initiated against him. The learned advocate appearing for the Council, however, submits that the District Primary School Council is constituted under the West Bengal Primary Education Act, 1973 which does not define Exempted Category. By placing reliance upon a Division Bench Judgment in case of Shrabani Mondal (pal) vs. State of West Bengal & Ors. reported in 2011 (1) CHN (Cal) 470, it is contended that the provisions of West Bengal Regulation of Recruitment in state government establishment and establishments of public undertakings, statutory bodies, government companies and legal authorities Act, 1999 applies to the District Primary School Council as well. He, however, submits that the said notification dated 21st August, 2002 is issued in exercise of the power conferred under the said Act of 1999 defining the Exempted Category and as such the same meaning should be attributed in case of the Primary School Council which is a statutory body. He strenuously submits that the said notification provides that unless enumerator or worker worked 240 days on or before the year 2000, he cannot be treated as exempted category as ex-census worker/enumerator. By contending that if things are required to be done in a prescribed manner, the authority cannot act contrary thereto, reliance is placed upon a judgment of the Supreme Court in case of Bhavnagar University vs. Palitana Sugar Mill (P) Ltd. and Ors. reported in (2003) 2 SCC 111, State of Mizoram vs. Biakchhawna reported in (1995) 1 SCC 156. Lastly, he submits that the Court should not either prescribed qualification or entrench upon the power of the authority so long such qualification so prescribed are reasonably relevant and have a rational nexus with the functions and duties attached to the post and placed reliance upon a judgment of the Supreme Court in case of Chandigarh Administration vs. Usha Kheterpal Waie and Ors. reported in (2011) 9 SCC 645.
(3.) THE genesis of the District Primary School Council is under the West Bengal Primary Education Act, 1973 and the duties and functions of the Primary School Council so constituted are expressly defined therein. In exercise of the powers conferred under sub-section (1) and clause (k) of sub-section (2) of section 106 read with clause (k) of sub section (1) of section 60 of the West Bengal Primary Education Act, 1973, West Bengal Primary School Teachers Recruitment Rules, 2001 was promulgated which provides the full mechanism and procedure to fill up the vacancies of the Primary Teachers within the State.;