Debasish Kar Gupta, J. - (1.) LET the affidavit of service be kept on record. This writ application is directed against an advertisement published by the respondent No. 5 in "Sambad Pratidin", a daily vernacular dated February 8, 2013. By virtue of the impugned advertisement applications were invited from the eligible candidates for appointment to the post of non teaching staff (Group -D) (under general category) amongst other posts of Lee Memorial Girls High School, District - Kolkata.
(2.) IT is submitted by Mr. Sandip Kumar De, learned Counsel appearing on behalf of the petitioner, that by virtue of the impugned advertisement applications were invited from the eligible candidates subject to fulfillment of one principal condition of their enrolment with the concerned employment exchange. According to Mr. De, the above condition cannot be sustained in law in view of the settled principles as decided in the matter of Excise Superintendent Malkapatnam, Krishna District A.P. v. K.B.N. Visweshwara Rao & Ors., reported in : (1996) 6 SCC 216. Since a point of law is to be decided on the basis of the materials available on record this matter is taken up for final disposal.
(3.) FOR ascertaining the settled principles of law the relevant portions of the decision of Excise Superintendent Malkapatnam, Krishna District, A.P. v. K.B.N. Visweshwara Rao & Ors., reported in : (1996) 6 SCC 216 is quoted below: - "6. Having regard to the respective contentions, we are of the view that contention of the respondents is more acceptable which would be consistent with the principles of fair play, justice and equal opportunity. It is common knowledge that many a candidate is unable to have the names sponsored, though their names are either registered or are waiting to be registered in the employment exchange, with the result that the choice of selection is restricted to only such of the candidates whose names come to be sponsored by the employment exchange. Under these circumstances, many a deserving candidate is deprived of the right to be considered for appointment to a post under the State. Better view appears to be that it should be mandatory for the requisitioning authority/establishment to intimate the employment exchange, and employment exchange should sponsor the names of the candidates to the requisitioning departments for selection strictly according to seniority and reservation, as per requisition. In addition, the appropriate department or undertaking or establishment should call for the names by publication in the newspapers having wider circulation and also display on their office notice boards or announce on radio, television and employment news bulletins; and then consider the cases of all the candidates who have applied. If this procedure is adopted, fair play would be subserved. The equality of opportunity in the matter of employment would be available to all eligible candidates.";