The right to livelihood is fundamental, entitling petitioners to compensation for the eight-year delay in employment due to administrative inaction, affirming state's accountability in safeguarding citizens' employment rights.

JUDGMENT

Facts

1. The first petitioner belongs to Other Backward Classes (for short, OBC-B) and the second petitioner belongs to Exempted Category (Unreserved) candidate.

2. The erstwhile Burdwan District Primary School Council (for short, the Primary School Council), at present Purba Burdwan issued an advertisement for the Post of Lower Division Clerk. One post was reserved for General (EC) and one was reserved for Ex-servicemen with the respective educational qualification mentioned therein.

3. The petitioners participated in a selection process for the post of Lower Division Clerk (LDC) in the year 2015, pursuant to an advertisement issued by the District Primary School Council, Annexure P-2 at page 28 to the writ petition. The petitioners were the successful candidates in the said selection process and were called for interview of June 12, 2015, Annexure P-4 at page 32 to the writ petition. However, no result was published by the Primary School Council and the petitioners were not made known of the fate of their candidatures. The petitioners on February 15, 2016 applied under the Right to Information Act, 2005 on February 15, 2016. From time to time several applications/reminders were submitted by the petitioners, since no reply was given to the petitioners under the Right to Information Act which shall be available at various pages from page 34 to the writ petition.

4. On February 16, 2023 the relevant authority, RTI Cell of the Primary School Council issued a memo requesting the Primary School Council to furnish information to the petitioners in accordance with law, Annexure P-10 at page 47 to the writ petition.

5. By communication dated March 3, 2023, the Deputy Director of School Education requested the Joint Director of School Education for seeking assistance under the RTI Act, 2005 so that necessary information could be furnish to the petitioners, Annexure P-11 at page 48 to the writ petition.

6. The Joint Director of School Education by a communication dated March 29, 2023, Annexure P-12 at page 49 to the writ petition informed as under:

“In reference to the above, the undersigned informs him that the panels prepared and submitted to West Bengal Board of Primary Education by Burdwan District Primary School Council vide Memo. No. 2080 dated 26/06/2015 and subsequently forwarded to this Directorate vide WBBPE’s No. 984/BPE/2015 dated 30/06/2015 in connection with recruitment of 01(One) L.D. Clerk under OBC-B Category and 01(One) L.D. Clerk under UR-EC Category in Burdwan District Primary School Council were approved by this Directorate vide Memo No. 1308-Sc/P dated 15/12/2015 and sent to the erstwhile Chairman, Burdwan District Primary School Council with a request to issue appointment letter to the candidate from the approved panels strictly following the terms and conditions as mentioned in School Education Department (Primary Branch)’s No. 253-SE(Pry) dated 14.03.2007. The names of Shri Abhishek Maddunay and Shri Sudipta Mukherjee have been empanelled in the cited approved panels under OBC-B Category and UR-EC Category respectively. There is no record available at this Directorate whether the ap