GOBINDA CHANDRA BHUNIA Vs. DISTRICT EMPLOYMENT EXCHANGE OFFICER
LAWS(CAL)-1996-2-15
HIGH COURT OF CALCUTTA
Decided on February 01,1996

GOBINDA CHANDRA BHUNIA Appellant
VERSUS
DISTRICT EMPLOYMENT EXCHANGE OFFICER Respondents

JUDGEMENT

G.R. Bhattacharjee,J. - (1.)PURSUANT to my direction dated January 8, 1996 the Employment Officer, Midnapore was personally present before the Court and explained as to why petitioner's name was not sponsored for the post of Assistant Teacher in History in the concerned school although he was initially called by the Employment Officer. It was submitted before me, as recorded on January 8, 1996 that under the Rules of Rotation a candidate's name has to be forwarded only 'once in a year' and as the petitioner's name was sponsored on March 9, 1995 for the post of Krishi Projukti Sahayak to the Principal Agricultural Officer, Midnapore (West), that is why although the petitioner was initially called, ultimately the petitioner's name was not forwarded in connection with the appointment of Assistant Teacher in History in the concerned school in conformity with the Rules of Rotation. It is now submitted by the learned Advocate for the petitioner that the qualification required for the post of Krishi Projukti Sahayak for which the petitioner's name was sponsored in March 1995 was S.F./Madhyamik, whereas the qualification for the post of Assistant Teacher is Graduate with Honours. It is submitted by the learned Advocate for the petitioner that since the posts are not comparable, so far as the required qualifications are concerned, the Rules of Rotation should not have been applied in this case in the manner as has been done. I find substance in this submission. The Rules of Rotation should apply only in respect of comparable posts so far as the required qualifications are concerned and not in respect of posts requiring qualifications which are distinctly different. In the circumstances I think that the petitioner's name should have been forwarded in this case for the post of Assistant Teacher (History) for which higher qualification is necessary, even though his name was earlier forwarded a few months back for a different post for which the required qualification was a lesser qualification than that required for the post of Assistant Teacher. It may be mentioned here that by my order dated December 15, 1995, I directed by way of an interim order that subject to the result of the writ petition the petitioner shall also be allowed to appear before the Selection Committee for consideration for appointment to the post of Assistant Teacher in Kanchantala S.N. High School along with the candidates sponsored by the Employment Exchange. It is submitted that according to my said direction the petitioner appeared before the Selection Committee and his interview was also taken.
(2.)IN view of the facts and circumstances of the case and the true scope of the Rules of Rotation as observed above, I finally direct that the petitioner shall be considered for the post of As-sistant Teacher along with other candidates sponsored by the Employment Exchange and the school authorities will prepare and send the panel for which they have taken interview to the D.I. and thereafter the D.I. will act according to law.
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