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LAPITA BANERJI
Syed Mohammad Ali – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Lapita Banerji, J.
WPA 2515 of 2023 is de-tagged from WPA 8506 of 2021.
1. Under challenge in the writ petition in WPA 8506 of 2021, is the selection process under notification dated July 22, 2020 for the post of “Banasahayaks”. The vacancies to the said post were to be filled up as purely contractual engagements. 2000 (two thousand) vacancies were notified in five administrative divisions – (a) Presidency Division, (b) Medinipur Division, (c) Burdwan Division, (d) Malda Division and (e) Jalpaiguri Division.
2. The candidates were to be aged between eighteen (18) years and forty (40) years as on January 1 of the year of application. Thus, for the applications made in 2020 the date of birth of the candidates was required to be within January 1, 1980 and December 31, 2001. Relaxation of five (5) years was allowed to be made in respect of upper age limit of Scheduled caste/Scheduled Tribe candidates. The selection process of the candidates is as follows:
a. All applications will be initially screened for location of residence for the respective Engagemen
The reduction in the number of members of the Circle Engagement Board did not vitiate the selection process, and unsuccessful candidates had no locus standi to challenge the selection.
The legitimacy of employment selections cannot be challenged solely based on familial relationships unless sinister motives or procedural violations are demonstrated.
The court established that recruitment processes must adhere to the legal framework in place at the time of vacancy and emphasized the necessity of public advertisement for fair selection.
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
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