Sannyasi Singha vs State Of West Bengal & Ors
2023 Latest Caselaw 5537 Cal

24.8.2023
  ap
  25


                            WPA 14563 of 2023
                              Sannyasi Singha
                                     Vs.
                          State of West Bengal & Ors.

                           Mr. Skaya Maity
                           Mr. Subhas Jana
                                ... For the petitioner.

                           Ms. Tapati Samanta
                                ... For respondent no. 5.

The petitioner intends to participate in the

selection process for the post of Librarian in terms of an

advertisement published on 29th May, 2023 issued by

the Chairman, Local Library Authority, South 24

Parganas.

It is the grievance of the petitioner that for the

same post, on an earlier occasion, the said authority

had issued an advertisement on 15th February, 2021

inviting application from the prospective candidates.

The petitioner had applied in response to such

advertisement, but the recruitment proceeding did not

proceed any further following the said advertisement.

The petitioner has become age barred for the

present recruitment process as the relevant

advertisement prescribes the maximum age for a

Schedule Caste candidate as 45 years. The petitioner is

now aged about 47 years.

Learned advocate appearing for the petitioner

submits that since the selection process in terms of the

earlier advertisement dated 15th February, 2021, did

not take place, the petitioner should be allowed to

participate in the present selection process condoning

his age bar.

Ms. Tapati Samanta, learned advocate appearing

on behalf of respondent no. 5, on the other hand,

submits that a Co-ordinate Bench of this Court in a

similar circumstance rejected the prayer of the

petitioner therein. This Court should not take a

different view. She cites the judgment passed in WPA

13654 of 2023 (Kamruzzaman vs. The State of West

Bengal & Ors.).

I am of the view that mere filing an application in

response to the earlier advertisement dated 15th

February, 2021, did not give any vested right in favour

of the petitioner for participation in the future selection

process. It is open for an authority to abandon a

selection process for any justifiable reason.

The petitioner never challenged the termination of

the earlier selection process.

I am of the view that since there is no provision

under the relevant recruitment rules namely,

Guidelines for Recruitment of Librarians of sponsored

Public Libraries having Status of Rural Libraries dated

March 17, 2023, to relax the age bar, the petitioner's

prayer cannot be allowed.

Accordingly, WPA 14563 of 2023 is dismissed.

Urgent photostat certified copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Kausik Chanda, J.)