Anima Chakraborty Nee Chatterjee v. State Of West Bengal & ORS

WPA 5171 of 2020 With IA No. CAN 1 of 2022 24-08-2022 AKG Ct. 21 Anima Chakraborty nee Chatterjee Vs.

The State of West Bengal & Ors.

Mr. Palash Mukherjee ...For the Petitioner Mr. Pulak Ranjan Mandal, Ms. Bandana Mandal, Mr. Subhrangsu Panda, Mr. Mithu Singha ...For W.B.C.S.C.

Mr. Swapan Kr. Dutta, Mr. Rajat Dutta ...For the State Petitioner in this writ petition alleges unfairness on the part of the College Service Commission in preparing a panel, following an advertisement published on July 16, 2018, for the post of Assistant Professor in Philosophy.

The petitioner was allowed to participate in the selection process.

Subsequently, it was found that though the petitioner's actual date of birth as per the Madhyamik Examination is September 1, 1965, on the basis of an incorrect representation in the application form where she mentioned her date of birth as March 21, 1976, she was permitted to participate in the selection process. The affidavit of College Service Commission discloses that cut-off marks for selection of Assistant Professor in Philosophy was 59.79 %, whereas petitioner's score was 51.09 %.

First of all, it has to be noticed that the petitioner was not at all eligible for the interview being an age barred candidate. Even if the petitioner was considered to be an exceptionally qualified candidate, her age bar could be relaxed upto five years only.

In that event also the petitioner could not participate in the selection process being an age barred candidate.

The petitioner was not only mistakenly allowed to participate in the selection process, she could not be selected on merit also.

I do not find any reason to entertain this writ petition. Accordingly, WPA 5171 is dismissed. Let urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Kausik Chanda, J.)