PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of a Part-time Contractual Accounting Clerk of Mirik College, Dist. Darjeeling and is filed for reliefs in the nature of writs of mandamus commanding the respondents, their agents, servants and associates to absorb the petitioner in the present sanctioned vacant posts of Library Clerk and the Typist of the said college, writ of mandamus commanding the respondents, their agents and servants to allow the petitioner to participate in the selection process along with other candidates for selection and appointment to the sanctioned post of Library Clerk and the Typist of the said college by condoning his age bar, in any case the petitioner could not be absorbed in the concerned post by way of regularization and other consequential reliefs.
(2.) THE petitioner has contended that he was appointed part-time contractual Accounting Clerk of Mirik College by an order dated August 30, 2007 and he has been performing his duties in such capacity w.e.f. September 1, 2007 uninterruptedly. The college authority issued advertisement for recruitment to the posts of one Library Clerk and one Typist for the said college and as such, he has prayed for absorption in either of the two posts on regular basis or he may be permitted to participate in the selection process. But, he did not get any reply from the college authority. So, this application has been preferred. Now, the question is whether the reliefs as sought for in the application can be allowed. Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that it is not a matter of dispute that the petitioner was selected as part-time contractual Accounting Clerk through a selection process and accordingly, he was offered employment to the post of part-time contractual Accounting Clerk by a letter dated August 30, 2007. It is not also in dispute that the petitioner joined the said post on September 1, 2007. Admittedly, as per terms of contract, the period of contract of the writ petitioner was initially for a period of four months beginning from the date of joining on a consolidated pay of Rs.3,000.00 only per month. The petitioner has been working in such capacity in the said college uninterruptedly. So, the petitioner is in continuous service in the said post. Subsequently, two posts, namely, one Library Clerk and another one Typist were sanctioned and the college authority intended to fill up the posts, when an appropriate representation was submitted by the petitioner to the college authority on December 8, 2011. The petitioner has contended that he should be absorbed to the said post. Anyway, since the petitioner has been doing a contractual job, his present assignment is not a regular appointment at all. So, when the regular appointment is to be held, the petitioner is quite eligible to participate in the said selection process provided he fulfills the conditions as made out in the advertisement, but, his regularization to the present assignment as prayed for by him in Prayer (a), in my view, cannot be considered at all.
(3.) IN the case of Secretary, State of Karnataka v. Uma Devi reported in 2006(4) SCC 1, backdoor recruitment has been totally prohibited. Relying on this decision, in Gobinda Chandra Mondal v. Principal, Rabindra Mahavidyalaya and in other cases also, this Hon'ble Court has held that no ad hoc or temporary appointee can be absorbed or be regularized in any post de hors recruitment or service rules ordinarily. But the petitioner is eligible to compete the open competition, if he fulfills the criteria relating to age, education, etc. at the time of appointment against a substantive post.;