Soumitra Pal, J. - (1.) The question which falls for consideration in the writ petition is whether there is any age bar regarding appointment of non-teaching employees in a private college affiliated to the University of Calcutta other than the Government Colleges.
(2.) Facts in short are that the petitioner had passed Madhyamik and Higher Secondary Examinations and had been working as a part-time employee in Maharaja Srischandra College since 1989. He was appointed as a whole time clerk with effect from 1" March, 1994 for a period of six months. Such appointment has been extended from time to time and at present the petitioner is performing his duties. It has been stated that the Managing Committee of Maharaja Srischandra College, the respondent No. 3, invited applications for the post of clerk declaring that an interview for the said post would be held on 21" September, 2008. The notice revealed that the candidates sponsored by the Employment Exchange were eligible for appearing at the interview. According to the petitioner, since he was under a legitimate expectation of being absorbed as a permanent staff, on 22nd August, 2008 he filed a representation before the respondent No. 3 praying for an opportunity to appear at the interview but without any effect. Being aggrieved, this writ petition was filed.
(3.) On 18th September, 2008 the matter was moved upon notice to the University of Calcutta, the respondent No. 2 and the Secretary of the Managing Committee, Maharaja Srischandra College and the Principal of the said institution, the respondent Nos. 3 and 4 respectively. Notice was also served on the learned Government Pleader. However, it appears from the records that despite service, on the said date none appeared for the University of Calcutta and the State of West Bengal. On that date directions were issued for filing of affidavits and an interim order was passed directing the respondent Nos. 3 and 4 to allow the petitioner to appear at the interview which was scheduled to be held on 21" September, 2008 or on any subsequent date for the post of clerk in the college in question. Further, it was recorded that in case the petitioner was selected then such selection would abide by the result of the writ petition.;