HIMADRI CHAKRABORTY Vs. STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2006-9-105
HIGH COURT OF CALCUTTA
Decided on September 11,2006

Himadri Chakraborty Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The petitioner is praying for a mandamus directing the authorities of Siliguri College (Government Sponsored), Darjeeling to permit him to participate in the selection process initiated for appointing a library clerk.
(2.) Admittedly the name of the petitioner has not been sponsored by any employment exchange. The college is affiliated to the North Bengal University. In, view of the provisions in the statutes relating to the Appointment and Terms and Conditions of Service of Librarian and Non-teaching Staff in Colleges Affiliated to the North Bengal University other than Government Colleges and including Government Colleges in other States affiliated to the University, sts. 2 & 4, the governing body of the college is the authority to initiate the recruitment process and make the appointment in accordance with the rules or orders made by the state Government for the purpose.
(3.) For the purpose the state Government issued the order No. 830-EDN (CS)/10M-47/95 dated October 31st, 1995. In terms thereof the procedure for direct recruitment has been adopted, and names of the eligible candidates have been requisitioned by the college authority from the employment exchange. As provided in that order of the government, the source of eligible candidates is confined only to the employment exchanges. It is therefore clear that unless one is sponsored by an employment exchange, one is not entitled to participate in the selection process. Since name of the petitioner has not been sponsored, he is just not entitled to participate in the selection process. I therefore do not find any scope to issue a mandamus as prayed for.;


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