ARINDAM SINHA,J. - (1.) Mr. Sanyal, learned advocate appears on behalf of petitioner who, he submits, was appointed as Laboratory Attendant on 1st September, 1986. His client is not a graduate. He was asked to officiate and thereafter since 2nd May, 2013 till date he is officiating as Head clerk. This officiation is an arrangement the college and petitioner have worked out.
(2.) Mr. Sanyal submits, his client obtained interim order dated 1st August, 2017 by which selection process set in motion by State was permitted to continue but no appointment letter to be given to any candidate for appointment thereby without leave of Court. Such interim order was passed on the view expressed that petitioner might have a legitimate grievance as to why the rules should not be relaxed in his case.
(3.) It is the case of petitioner that candidacy of private respondent has been looked at with favour, relaxation made to accommodate her and she is thus to be appointed. Commencement of this exercise, according to Mr. Sanyal, was on the making of order dated 15th March, 2016 in private respondent's writ petition being WP 4280 (W) of 2016. It is necessary for an extract from the said order to be reproduced below:- "It is submitted on behalf of the college authorities that in terms of the Government order dated November 19, 2007 the post of the head clerk has to be filled up first by promotion from upper division clerk and in the event suitable candidate is found for promotion, then by direct recruitment. The persons who are available in the college and working as upper division clerks have given up their right in writing to take promotion. They are willing to take promotion to the post of head clerk. In such circumstances, the college authorities require to undertake a direct recruitment for the purpose of appointment of a head clerk. I have considered the rival contentions of the parties and the materials made available on record. Admittedly, the post of the head clerk is lying vacant. In terms of the Government order dated November 19, 2007 the post of the head clerk can be filled up from an employee of the status of upper division clerk on promotion. The college authorities have submitted writings of the persons, who are enjoying the status of upper division clerk in the college where they have expressed their desire to take the post of the head clerk. In such circumstances, the college authorities will undertake a direct recruitment to the post of head clerk. The college authorities will seek appropriate approval from the State within seven days from the date for such purpose.";