Bhola Nath Moitra v. State Of West Bengal And ORS.

In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side

12. 06. 2024 BP SL. 19 Court No. 23 WPA 962 of 2024 Bhola Nath Moitra.

Vs.

The State of West Bengal & Ors.

Mr. Asim Kumar Niyogi, Mr. Vaskar Pal, ..for the petitioner Mr. Tapan Kumar Mukherjee, Mr. Arindam Ghosh ..for the State The petitioner claims to have been engaged as temporary Home Guard in the District of Nadia for Parliamentary/Assembly Elections held in 1996, 1998, 1999 and 2004 and in the Panchayat Elections held in 1993 and 1998. The petitioner moved an application before the West Bengal Administrative Tribunal for being considered to be employed in the rank of constable in the Police Force which was dismissed. The petitioner now seeks to be considered for being appointed as a Civic Volunteer. The petitioner is admittedly aged about 48 years. The eligibility criteria for a person being considered for engagement as Civic Volunteer is between 22 to 30. The petitioner also does not belong to any reserved category for which any age

relaxation is available to him. The petitioner also possesses educational qualification of having passed class VIII whereas the educational qualification for a candidate to be considered for being engaged as Civic Volunteer is a pass certificate of the Board examination after class X.

In that view of the matter, the petitioner does not fulfill two of the main criteria for being considered for engagement as a Civic Volunteer. No fruitful purpose will be served even if the petitioner's representation is directed to be considered in view of such eligibility criteria. Moreover, on a rejection of the petitioner's prayer there is every likelihood of an additional litigation emanating there from for re-considering the petitioner's prayer.

In the aforesaid facts and circumstances, the writ petition merits no consideration and the same is accordingly dismissed.

(Arindam Mukherjee, J.)