The new government orders guiding recruitment processes supersede earlier procedures, confirming that delayed recruitment applications are invalid.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The writ petitioners case is that pursuant to the approval of Directorate of Local Bodies, Government of West Bengal, Municipal Affairs Department, Selection Process in the year 2016, for the recruitment of 11 (eleven) approved permanent posts of different categories (Assessment-in-Charge- UR-1, Steno Typist- UR-1, Typist- SC-1, Peon-SC-1 and UR-1, Helper SC-1 and UR-1, Majdoor SC-1, UR-1, ST-1, UR-1 Ex-Serviceman of Panskura Municipality was started following the provision of Recruitment Rules, 2005.

2. It is further stated that some candidates filed several writ petitions and got an ex-parte interim order on 24.02.2017, wherein it was observed:-

"This court, therefore, finds a prima facie case having made out by the petitioners. The Chairman of the Panskura Municipality is directed to permit the petitioners to sit in the written examination scheduled to be held on 26th February, 2017 but shall not publish the result until further order of this court.”

3. In terms of the decision of selection committee and the Hon’ble High Court’s direction, the written test was held on the scheduled date, 26th February, 2017 but the result of the written test was not published pursuant to the order dated 24.02.2017.

4. The then Chairman made an application for vacating the interim order dated 24.02.2017. It was taken up for hearing on 13.07.2018 and after hearing the respective parties, the Court was pleased to vacate the interim order as those writ petitioners were unwilling to proceed with their writ petition.

5. After the interim order dated 24.02.2017 was vacated, the Chairman at present Chairperson, Board of Administrators, Panskura Municipality published the result of the written test and the merit list was published in the Website of the said Municipality and was also posted on the notice Board of the Municipality. But for unknown reasons, after a long time from the date of publication, the result of the written test, call letter was issued to the successful candidates for appearing before the interview board on 06.12.2019 at 10.30 Α.Μ.

6. But without any cogent reason and without any discussion and/or meeting with the selection committee, the chairman, Panskura Municipality in his individual capacity published a notice being Memo No. PM/Establist/03/2019/21 dated 04.12.2019 in the newspaper "Sanbad Pratidin" on 05.12.2019, stating inter alia that due to an unavoidable circumstances the interview and/or viva-voce test was postponed and that the next date would be informed later. But no reason was assigned as to why the date for viva-voce test was deferred.

7. It is stated by the petitioners that in spite of being a successful candidate in the written test of the selection process, the petitioners could not secure a job, as the viva voce test was deferred indefinitely.

8. The petitioners preferred a writ petition having registered W.P.A. 4863 of 2021, where in the Court was pleased to pass an order on 24.02.2021 directing the respondent No. 2 being the Joint Secretary, Department of Urban Development and Municipal Affairs to take a decision with regard to the permission sought for by the Municipality for concluding the recruitment process which was initiated in the year 2016.

9. As the authorities did not act as directed by the High Court, the petitioners preferred a contempt application being WPCRC No. 91/2022. The contempt application was taken up for hearing on 27.01.2022, when the Lea