Supartha Ghosh v. State Of West Bengal And ORS.

15.07.2022 Item No. 4 Ct. No. 21 AKG WPA 9342 of 2022 Supartha Ghosh

Versus

The State of West Bengal & Ors.

Mr. Ekramul Bari, Mr. Siddhartha Sankar Mondal ...For the Petitioner Mr. Subhrangsu Panda, Ms. Ina Bhattacharyya, Ms. Mithu Mahapatra ...For the W.B.C.S.C.

Mr. Swapan Kr. Datta, Mr. Rajat Dutta ...For the State The petitioner claims himself to be an exceptionally qualified candidate and seeks relaxation of the age bar to participate in the selection process conducted by the College Service Commission for the post of Assistant Professor in Political Science. He made an attempt to submit his application through online before the College Service Commission.

There was no option in the College Service Commission website whereby he could apply as an exceptionally qualified candidate. The petitioner having no other alternative applied offline before the College Service Commission.

Mr. Subhrangsu Panda, learned advocate appearing for the College Service Commission submits that the College Service Commission has accepted his application.

The petitioner will be permitted to sit in the interview but the issue regarding relaxation of the age bar can only be considered by a committee constituted by the State Government vide notification no. 55-Edn (CS)/10m75/2018 dated January 17, 2022. The ultimate selection of the petitioner will depend upon the decision of the said committee regarding the relaxation of the age bar.

As far as the petitioner is concerned, the controversy is set at rest due to the stand taken by the College Service Commission, but it remains to be understood how a candidate who seeks to participate in the selection process upon condonation of age bar as an exceptional candidate, can usually apply before the College Service Commission in absence of any option in the portal of the College Service Commission or provision in the recruitment rules to enable such a candidate to apply offline.

In that view of the matter, the College Service Commission will ensure that for the future selection process, the relevant portal of the College Service Commission provides for an option to apply as an exceptional candidate.

Needless to mention that if said candidate becomes successful in the selection process, his name will be recommended by the College Service Commission, subject to the decision taken by the committee

constituted by the State with regard to relaxation of age bar.

With this aforesaid observation, WPA No. 9342 of 2022 is disposed of.

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.)