Panchami Das v. State Of West Bengal & ORS

Sl. No.1 05.08.2022 Court No.24 B.M.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 16090 of 2019 Panchami Das versus State of West Bengal & Ors.

Mr. Kamalesh Bhattacharya, Sr. Adv.

Mr. G. Patra Mr. Subrata Mukherjee ... for the Petitioner Mr. Manas Kundu ... for the State Mr. Milan Bhattacharjee, Sr. Adv.

Ms. Sulagna Bhattacharya ... for the Municipality The matter has appeared in the list at the instance of the learned advocate representing the petitioner for clarification of the judgment passed by this Court on 20th July, 2022.

The Court in the judgment has clearly mentioned that first opportunity of recruitment has to be offered to trained candidates and only if trained candidates are unavailable, there is scope for selecting untrained candidates.

The Court also held that the Municipality is to hold interview of the candidates who were restrained from participating in the same and to assess the comparative merits of the candidates by adding marks obtained in the

written tests as well as interview and thereafter select the best candidate for the job.

It is categorically made clear that all along the intention of the Court was that trained candidates be given preference to the untrained ones strictly in terms of the recruitment notice dated 11th May, 2017.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

( Amrita Sinha, J.)