PINAKI RANJAN PAUL Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1998-8-41
HIGH COURT OF CALCUTTA
Decided on August 18,1998

Pinaki Ranjan Paul Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Satyabrata Sinha, J. - (1.) The petitioner, in this application has, Inter alia, prayed for issuance of a writ of or in the nature of mandamus directing the respondents to quash, cancel and rescind the call letter for further written interview for the post of Lower Division Clerk, as contained la Annexure 'E' to the writ application, and for a further direction upon the respondents to take interview as per result of written test declared by them as contained in Annexure 'C' to the writ application.
(2.) The fact of the matter lies in a very narrow compass.
(3.) The petitioner is a Graduate in Science. He got himself enrolled in the Local Employment Exchange. A post of Class III staff fell vacant in the Judgeship of Murshidabad, in relation whereto as intimation was sent to the Employment Exchange. A written examination was held wherein the position of the petitioner was at serial No. 1. He was asked to appear at an interview by an office memo dated 18.5.96 as contained in Annexure 'E' to the writ application. It appears that the entire proceedings in connection with selection in Group C cadre was stayed by the Selection Committee, in terms of an order dated 26.4.96. The said order Is contained in Annexure 'D' to the writ application, but despite the same, the petitioner was asked to appear at the interview. When the interview had been held be test is typing had been taken. The petitioner thereafter filed a representation but the same had not been replied to. An affidavit-in-opposition bed been filed on behalf of the District Judge by one Sri Rathindra Nath Mukherjee, Assistant Accountant. He was not competent to swear the said affidavit. However, in the said affidavit, two reasons had been assigned for passing of the said order dated 26 4 96, which ares (I) that the Government circular dated 24.4.80 as contained in Annexare 'Z' to the affidavit-in-opposition which was preceded by some other requirements in terms whereof promotional opportunity to Group D staff should be given, had not been adhered to ; (if) in the notification of vacancies to the Employment exchange, typing was made an essential qualification.;


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