Rup Kumar Dey v. State Of West Bengal And Others

Bibek Chaudhuri, J.:— The question involved in the instant writ petition is as to whether a temporary and ad hoc appointee who is serving continuously in the establishment since 2004 till date, is entitled to appear in the selection process in respect of the substantive post of ‘Electrician-cum-Generator Operator’ even after crossing the upper age limit fixed in the advertisement.

2. The learned advocate for the petitioner makes her submission being armed with a Full Bench decision of this Court in the case of Gobinda Chandra Mondal v. Principal, Rabindra Mahavidyalaya reported in (2013) 1 CHN 9, Smt. Debleena Ghosh v. State Of West Bengal & Ors. reported in (2013) 3 CHN 746 and an unreported decision of this Court in Sanjay Dutta v. State of West Bengal decided on 7 December, 2017 (W.P. No. 14111 (W) of 2017).

3. The learned advocate for the respondent nos. 5 and 6, being the Vice-Chancellor and the Registrar of University of North Bengal submits that whether age bar can be relaxed in respect of an employee who is working on ad hoc basis in an establishment under the North Bengal University, can be decided by the authorities who are going to have the selection process in the substantive post.

4. I am not unaware of the fact that the last date of submission of the forms is 6 January, 2022. The Principal, University BT and Evening College is not represented. The advertisement was published by the Principal (respondent no. 7).

5. Therefore, for effective disposal of the instant writ petition, the petitioner is directed to serve a copy of the instant application to the respondent no. 7 in course of this day preferably by hand in his office. The respondent no. 7 is directed to appear before this Court with a report on 5 January, 2022 and the matter be listed for final hearing at 2 p.m. on 5 January, 2022.