ARINDAM CHATTERJEE Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2017-4-133
HIGH COURT OF CALCUTTA
Decided on April 25,2017

ARINDAM CHATTERJEE Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Arijit Banerjee, J. - (1.) In this writ application the petitioner (hereinafter referred to as Arindam) challenges the appointment of the added respondent no. 5 namely Subhas Chandra Mondal (hereinafter referred to as 'Subhas') to the post of Para-Teacher in the respondent no. 4 School. Arindam's short contention is that such appointment has been made in violation of the recruitment rules. The main prayer in the petition is as follows:- "(a) A writ in the nature of Mandamus commanding the respondents and their men and agents to recast the panel for recruitment in the post of Para-Teacher under Bio-Science Group of Shyampur High School (H.S.), Post Office Shyampur, District-Bankura and if the petitioner comes within the zone of consideration issue appointment to him."
(2.) Learned Counsel for Arindam strongly relied on the notice of recruitment which reads as follows:- "As per Memo No.-111/3/D/93/SSM dated 26.10.09 a Para-Teacher having qualification B.Sc. (Bio) preferably trained will be engaged at Shyampur High School. POShyampur, P.S.-Saltora at Bankura on contractual basis for one year or pay subjected to the approval of SSM Bankura. The post is unreserved. The candidates should be resident of Saltora G. P. or if necessary, resident of adjacent Panchayetsunder Saltora Panchayat Samiti. The application with attested Xerox copies of all testimonials in triplicate must reach the Secretary of the School within 10 days from the date of publication of the advertisement. The eligible candidates with residential certificate (from Pradhan) and document in original must reach the School at 11.00 AM on 18.01.2010 for interview. No letter of interview will be sent. No TA for this purpose. Age limit 45 years.
(3.) Learned Counsel submitted that Arindam is a resident of Saltora Gram Panchayat but Subhas is not a resident of the said Gram Panchayat. Hence, there was no reason for appointing Subhas when Arindam was available as a candidate from Saltora Gram Panchayat.;


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