![]() The aforesaid rules provide that the Employment Exchange shall enroll the name of the candidates belonging to the Schedule Caste, Schedule Tribes, Other Backward Classes, Exempted Category, Ex-Service Men and Physically Handicapped persons and in the event of non-availability of the sufficient number of the candidate belonging to the aforesaid categories, the Council shall made a reference to the special Employment Exchange, Exempted Category who shall send the further names of the candidate of the respective categories. Rule 8 of the West Bengal Primary Teachers Recruitment Rule, 2001 envisaged that the Council should notify the number of vacancies to the concerned Employment Exchange who, in turn, would sponsor the name of the eligible candidates. ![]() The Employment Exchanges are set up for enrolling the name of the unemployed persons and Section 4 of the National Employment Exchange Selection and Recruitment Act of 1991 provides that in addition to the other mode of inviting applications, the organizationgovernment should also invite the names of the candidate from the Employment Exchange. The genesis of the District Primary School Council is under the West Bengal Primary Education Act, 1973 and the duties and functions of the Primary School Council so constituted are expressly defined therein. Lastly, he submits that the Court should not either prescribed qualification or entrench upon the power of the authority so long such qualification so prescribed are reasonably relevant and have a rational nexus with the functions and duties attached to the post and placed reliance upon a judgment of the Supreme Court in case of Chandigarh Administration vs. reported in (2003) 2 SCC 111, State of Mizoram vs. He strenuously submits that the said notification provides that unless enumerator or worker worked 240 days on or before the year 2000, he cannot be treated as exempted category as ex-census workerenumerator.īy contending that if things are required to be done in a prescribed manner, the authority cannot act contrary thereto, reliance is placed upon a judgment of the Supreme Court in case of Bhavnagar University vs. He, however, submits that the said notification dated 21st August, 2002 is issued in exercise of the power conferred under the said Act of 1999 defining the Exempted Category and as such the same meaning should be attributed in case of the Primary School Council which is a statutory body. The learned advocate appearing for the Council, however, submits that the District Primary School Council is constituted under the West Bengal Primary Education Act, 1973 which does not define Exempted Category.īy placing reliance upon a Division Bench Judgment in case of Shrabani Mondal (pal) vs. Lastly it is submitted that in Paragraph 16 of the biodata form, the certificate is given by one Ranjan Kumar Roy who has been subsequently blacklisted and a proceeding is initiated against him. EXEMPTED CATEGORY CELL IN WEST BENGAL REGISTRATIONHe strenuously submits that the Council cannot contend that the registration of the petitioner with the concerned Employment Exchange is bad as both the statutory authorities have definite and defined duties under the respective Acts. The learned Advocate appearing for the petitioner submits that the Council could not withheld the appointment of the petitioner on the ground either for defective certification or wrong registration under the Exempted Category Cell by the Director of Employment, after allowing the petitioner to participate in the selection process. Exempted Category Cell In West Bengal Registration Under The ![]() ![]() It is stated that Paragraph 5 of the said notification provides that the candidate can only be registered under the Exempted Category as ex-census worker enumerator if he has worked 240 days before the year 2000. In affidavit-in-opposition, apart from the above ground, the Council further contends that by Notification No.Įmp1M-102000 dated 21st August, 2002, the petitioner could not have been treated as ex-census workerenumerator to get the benefit as a candidate of the Exempted Category. The result so published shows that the petitioner is kept under the list of the withheld candidates by the said Council.Īfter persistent effort, it was brought to the notice of the petitioner that his appointment is withheld as the certification given in Paragraph 16 of the bio-data form is not by an appointing authority but by one Ranjan Kumar Roy, Upper Division Clerk who is subsequently blacklisted. It is undisputed that the petitioner was found eligible to sit in the written test. Exempted Category Cell In West Bengal Registration Under The. ![]()
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