Jayanta Kumar Biswas, J. - (1.) The petitioner in this writ petition dated June 7th, 2004 has prayed for a mandamus commanding the respondents to permit him to participate in the selection process initiated by them for appointing an ambulance driver in the municipality.
(2.) The case of the petitioner is this. By a letter dated September 26/29th, 1997 the municipality appointed him on temporary basis as a group 'D' member of the staff of the municipality. The appointment was made subject to approval of the State government. He joined the municipality and while working he came to learn that the municipality initiated a recruitment process for appointing an ambulance driver. On enquiry he came to learn that names of the eligible candidates for the post had been sponsored by the employment exchange. He requested the employment officer for sponsoring him but the employment officer did nothing. In the circumstances, by application dated January 5th, 2004 he requested the Chairman of the municipality to permit him to participate in the selection process. Since the Chairman did not give any reply he took out the writ petition.
(3.) The writ petition was admitted by order dated June 11th, 2004. An interim order was made directing the municipality to permit the petitioner to participate in the selection process. By order dated June 24th, 2004 the interim order was modified by saying that results of the selection would be published, but shall not be acted upon. The municipality and the State are contesting the writ petition. Their counsel submit that according to the provisions of the statute the petitioner was not eligible to participate in the selection process, since his name had not been sponsored by the employment exchange.;