PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of an employee of a school and is filed for issuance of a writ in the nature of mandamus commanding the respondents to give the petitioner an opportunity of age relaxation and to allow her to participate in the interview for the post of Group-D staff in the school and other consequential reliefs.
(2.) THE short fact is that the petitioner was appointed as an Aunty on July 2, 1990 in Habra Model Nursery and K.G. School in the morning shift in the premises of Habra Model High School by the Secretary Managing Committee of the said school. There is a common Managing Committee of both the schools. Since appointment, the petitioner has been working as an Aunty of the said school with a meagre remuneration. Subsequently, upon retirement of one Laxshmi Bhasphore on February 28, 2001, the petitioner claimed for participation in the selection process for recruitment to the said vacancy with relaxation of age. She sent a representation, but, no reply. Under the circumstances, this application has been preferred. Now, the question is whether the claim of the petitioner for participation in the selection process with age relaxation for recruitment to the post of Group-D staff is sustainable in law. Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that the petitioner has failed to produce any letter of appointment to show that she was ever engaged in the Habra Model High School (H.S.), Dist. North 24 Parganas. In support of her claim that she was engaged on July 2, 1990 as an Aunty of Habra Model Nursery and K.G. School in the morning shift, no letter of appointment has been produced by her. The petitioner has produced a letter of appointment appearing as Annexure P-2 but, this letter does not lay down any office memo number. Moreover, this letter indicates that the petitioner was appointed Aunty of Model Nursery and K.G. School purely on temporary basis. Accordingly, I am of the view that the Model Nursery and K.G. School being a purely private institution, this letter of appointment shall not be taken into consideration for the purpose of issuance of a writ of mandamus under Article 226 of the Constitution. So, Annexure P-2 appearing at page no.16 will not help the petitioner in any way for consideration of the reliefs sought for in the writ petition.
(3.) THE petitioner has produced another certificate appearing as Annexure P-3 at page no.17, but, I find that this certificate lays down that the petitioner is discharging her duties uninterruptedly for 15 years on payment of a minimum honorarium. This certificate does not lay down any office memo number and so it was not issued by the competent authority in official course of business, but, it was issued possibly, when the same was asked for by the petitioner. Moreover, the said certificate lays down that the petitioner was engaged on honorarium basis. There is no letter of appointment in favour of the petitioner from the Habra Model High School. Accordingly, I am of the view that this paper cannot be considered at all.;