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CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT PORT BLAIR
ARIJIT BANERJEE, SUGATO MAJUMDAR
Surender Singh Thakur – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This writ application is directed against an order dated March 19, 2024, passed by the Central Administrative Tribunal Kolkata, dismissing the petitioner’s Original Application being O.A. no. 351/1021/2023 for a direction on the respondent authorities to accord necessary age relaxation to the applicant in terms of the Government Circular dated September 19, 2011.
Arguments on behalf of the writ petitioner:-
2. The petitioner completed his M.Ed degree in the year 2012. He belongs to unreserved category. On November 6, 2013, he was appointed on contractual basis under the “Directorate of Education”, Andaman & Nicobar Administration. Since then, till date, he is working under the Directorate of Education, teaching social science from Class VI to X.
3. A vacancy notice dated May 10, 2023, was issued by the Directorate of Education, Andaman and Nicobar Administration, for RECRUITMENT TO THE POST OF POST GRADUATE TEACHER IN DIFFERENT SUBJECTS AND MEDIUMS IN GROUP “B” NON-GAZETTED, NON-MINISTERIAL POSTS UNDER DEPARTMENT OF EDUCATION, A & N ADMINISTRATION.
4. The petitioner submitted his online application on May 30, 2023.
5. On July 6, 2023, a provisional list o
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The Tribunal exceeded its jurisdiction by assessing candidates' qualifications instead of deferring to the Selection Committee's discretion, and the aggrieved candidate's failure to challenge the adv....
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
The main legal point established in the judgment is the entitlement to age relaxation and weightage for experience based on previous judgments and the peculiar facts of the case.
Belated minor age shortfall objection invalid after judicially sanctioned appointment list inclusion; statutory relaxation warranted to prevent hardship.
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
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