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IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN, APURBA SINHA RAY
Malati Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Soumen Sen, J.
1. The appeal is arising out of an order passed by the learned Single Judge on 10th July, 2025 in a writ petition in which the prayer of the writ petitioner for consideration of their candidature in terms of a recruitment notification dated 30th May, 2025 being Memo No.1092/7-16/CSSC/ESTT/2025 was rejected.
2. The petitioners are admittedly over-aged candidates, as a result whereof they could not submit their application in terms of the aforesaid recruitment notification.
3. Mr. Samim Ahammed, the learned Advocate representing the appellants/petitioners has submitted that the petitioners are not coming either under the category of tainted or untainted candidates as classified by the Hon’ble Supreme Court in the judgment dated 3rd April, 2025 passed by Civil Appeal arising out of Special Leave Petition (C) No.9586 of 2024 (State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee).
4. It is submitted that the petitioners are having no grievance relating to the benefit of relaxation granted to the untainted and differently abled candidates of 1st State Level Selection Test, 2016 (1st SLST 2016)in Class IX-XII hereinafter referred to. Mr. Samim has submitted th
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.
Court ruled candidates not meeting age criteria were ineligible for recruitment, ensuring compliance with defined categories under constitutional rights.
One-time relaxation of age limit for recruitment is justified in light of extraordinary circumstances caused by COVID-19, reaffirming judicial intervention to ensure fairness.
The court affirmed that exceptional circumstances may necessitate a one-time relaxation of recruitment age limits to ensure fairness, particularly due to delays caused by the pandemic.
Candidates who participated in a recruitment process should not be denied the opportunity to apply in subsequent processes due to age limits, especially when the previous process was cancelled.
Point of law: Schedule III of the Rules of 2010 prescribes specific time schedule for determination and notification of the actual number of existing and expected vacancies in each cadre as also for ....
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