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Judgment
Tapabrata Chakraborty, J
Affidavit of service filed by the petitioner be kept on record.
No one appears today on behalf of the college authorities though Mr. Mahata, learned advocate appearing the State is present.
Mr. Sahoo, learned advocate appearing for the petitioner submits that the petitioner was appointed to the post of a casual staff with effect from 17th
February, 2014 in the Pingla Thana Mahavidyalaya (in short, the said college) and he is serving in the said post till date. In the year 2020, permission
was granted to the college authorities to fill up Group-‘D’ and Group-‘C’ posts on permanent basis. Accordingly, employment notification
was issued on 28th January, 2020. As the petitioner fulfils all the qualifications for Group-‘D’ post, save and except the age criterion, he
submitted a representation to the respondent no. 5 on 6th February, 2020 to accept his application and to allow him to participate in the selection
process for Group- ‘D’ post upon condonation of age. In consideration of the fact that the petitioner has worked in a Group-‘D’ post on
casual basis till date, he should be allowed to participate in the selection process upon condonation of age. reliance upon a judgment delivered in the In
support of such argument, he placed case of Gobinda Chandra Mondal v. Principal, Rabindra Mahavidyalaya, reported in 2013 (1) CHN 9.
He further submits that the college would accept application for participation in the selection process for Group-‘D’ post till 4 PM today.
However, no date has yet been scheduled for the walk-in-interview pertaining to the Group-‘D’ post.
Mr. Mahata, learned advocate appearing for the State denies and disputes the contention of the petitioner.
As the petitioner was within the age limit at the time of his initial appointment as a casual staff and as he has served in the said post for a substantial
period and as he has the appropriate qualification to participate in the selection process pertaining to the Group-’D’ post, the denial of his
prayer towards such participation in the selection process on the ground of age would be iniquitous.
Accordingly, the petitioner is granted leave to submit application to the respondent no. 5 for participation in the selection process in respect of the
Groupâ€"‘D’ post.
In the event, such application is submitted today within 4 PM, the college authorities shall accept the same and allow the petitioner to participate in the
selection process in respect of the Groupâ€"‘D’ post.
It is made clear that such participation shall not create any equity in favour of the petitioner.
The respondents would be at liberty to file their affidavits-in-opposition by 28th February, 2020. Reply thereto, if any, be filed within 4th March, 2020.
List the matter for further consideration in the daily supplementary list of this Court on 6th March, 2020.
Photostat plain copy of this order, duly counter-signed by the Assistant Registrar (Court), be given to the learned advocates for the appearing parties
on their usual undertaking.