- (1.) IN this appeal, the basic questions that arise for consideration are: 1)Whether the selection process that has commenced when different circulars and executive instructions held the field should be completed on the basis of those circulars and executive instructions? 2)Whether the notifications dated 21st August, 2002 will have to be followed as that supersedes all earlier circulars and executive orders issued from time to time by the Government of West Bengal, labour Department relating to employment of persons belonging to the Exempted Categories even in respect of vacancies for filling up of which selection process has already commenced? The facts relevant for the purpose of deciding the above questions may be succinctly stated at the threshold to appreciate the contentions urged on behalf of the parties in this appeal. The writ petitioners are all Ex-ITI trainees. On 3rd November, 1999, West Bengal Act, XIV of 1999 (hereinafter referred to as "the said Act of 1999") came into operation providing for regulations of recruitment in State Government Organisations, which included Statutory Bodies like West Bengal State Electricity board. Section 3 (a) of the Act of 1999 empowered the State government to declare by gazette notification the categories of persons to be exempted category and Section 3 (b) empowered the state Government to reserve a percentage of vacancies in the posts to be filled up by persons falling within the exempted category.
(2.) IN March, 2001 notification for recruitment of 150 posts of junior Operating Assistants was issued by the West Bengal State electricity Board (predecessor-in-interest of WBSEDCL, the appellant) with a note that 30% is reserved for exempted category. The remaining 70% came within General category. At that point of time, ex-ITI trainees, along with dependants of deceased employees, land-loosers, ex-servicemen were included within the exempted category by reason of executive instructions contained in the earlier State Government Circulars.
(3.) ON 3rd October, 2001, WBSEB formulated the procedure of selection on the basis of performance in written tests and calling three times the number of posts for interview and medical test. The age limit was fixed at 28 years. Separate call letters were issued on 9th November, 2001 to the persons falling within the exempted category at that time including ex-ITI trainees trained by WBSEB. Writ petitioners (respondents in the appeal) were ex-ITI trainees and, therefore, letters were also issued to them on 9th november, 2001. 9th written test was held on December, 2001. The writ petitioners were successful and hence, called for interview. Interview was held between 6th May and 24th May, 2002.;