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Judgment
Tapabrata Chakraborty, J
Mr. Rai, learned advocate appearing for the petitioner submits that the petitioner was appointed to the post of a casual staff for clerical work with
effect from 1st February, 2011 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 fulfills all the qualifications for both the Group-C and Group-D posts save and except
the age criterion, he submitted a representation to the respondent no.5 on 1st February, 2020 to accept his application and to allow him to participate in
the selection process upon condonation of age. In consideration of the fact that the petitioner has worked in a Group-C post on casual basis till date, he
should be allowed to participate in the selection process upon condonation of age. In support of such argument he placed reliance upon a judgment
delivered in the case of Gobinda Chandra Mondal v. Principal, Rabindra Mahavidyalaya reported in 2013 (1 ) CHN 9.
Mr. Bhattacharyya, learned advocate appearing for the college authorities submits that the college has no authority to condone the age bar and 14th
February, 2020 is the last date for acceptance of applications for the concerned posts. However, no date has yet been scheduled for the written test
and the walk-in-interview pertaining to the Group-C post and the Group-D post respectively.
Mr. Saha, 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 concerned posts, the denial of his prayer
towards such participation in the selection process on the ground of age would be iniquitous.
Accordingly, the petitioner is directed to submit applications to the respondent no.5 for participation in the selection process in respect of the Group-C
and the Group-D posts by tomorrow i.e. 13th February, 2020.
In the event, such application is submitted the college authorities shall accept the same and allow the petitioner to participate in the selection process in
respect of the Group-C and the Group-D posts.
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 by 4th March, 2020.
List the matter for further consideration in the daily supplementary list of this Court on 6th March, 2020.