SAMIP DAS & ORS. Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-7-307
HIGH COURT OF CALCUTTA
Decided on July 16,2018

Samip Das And Ors. Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) Only one issue is involved in all the eight writ applications as to whether the relaxation of age bar of a candidate for participation in the selection process is permissible without having the provision in the recruitment rules for such relaxation.
(2.) Having heard the learned Counsel appearing for the respective parties before us as also after considering the facts and circumstances of these cases, we find that several persons approached the West Bengal Administrative Tribunal for a direction upon the State respondents to relax the upper age limit for participation in the selection process for appointment of Medical Technologists, Grade-III of different categories in response to the advertisement no. R/MT/Phar./Physio/48/2/2018 dated May 17, 2018. All those applications were disposed of relying upon a final order dated June 5, 2018 passed by the West Bengal Administrative Tribunal in the matter of Madhusudan Pandey and 2 Ors. v. State of West Bengal and Ors. (In re: O.A.82 of 2018 ).
(3.) A prima facie consideration of the judgement impugned to the different writ applications appearing today before us, we find that the writ applications were disposed of with a direction upon the Secretary and Controller of Examination, West Bengal Health Recruitment Board to allow those candidates who had been working in different Health and Family Welfare Department, Government of West Bengal to participate in the selection process in question by relaxation of age bar as mentioned in the advertisement dated May 28, 2018, subject to fulfillment of other eligibility criteria. Similar relief was not granted to those candidates who had been working in private organizations and local self-government authorities.;


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