Madhusudan Pramanik & Ors vs Indian Statistical Institute & ...
2023 Latest Caselaw 7150 Cal

   17.
16.10.2023
  S.D.
                                    W.P.A. 22859 of 2023

                              Madhusudan Pramanik & Ors.
                                             Vs.
                             Indian Statistical Institute & Ors.

                    Mr. Raghunath Chakraborty
                    Ms. Amrita De
                    Ms. Sabnam Sultana
                                             ...For the Petitioners

                    Mr. Debapriaya Gupta
                    Mr. Sourav Mondal
                               ....For the Indian Statistical Institute



                    Mr. Chakraborty, learned counsel appearing on behalf

             of the petitioners places reliance on a judgment and order

             dated April 5, 2023 passed by the Hon'ble Division Bench of

             this Court in M.A.T. 352 of 2022 {Madhusudan Pramanik &

             Ors. vs. Chief Executive (Administration & Finance) & Ors.}.

             He submits that the Hon'ble Division Bench clearly directed

             the respondent/Indian Statistical Institute (ISI) to consider the

issue of relaxation of age of the petitioners when the same was

done in 2017 for recruitment of another casual employee for

the post of Cook 'A'. ISI was directed to revisit the issue of

relaxation of age with regard to the candidature of the

petitioners.

Pursuant to the directions passed by the Hon'ble

Division Bench, a reasoned order was passed on July 17, 2023

by the Chief Executive (Administrative and Finance). Such

reasoned order is impugned in the present writ petition.

It appears from the reasoned order that the cut off age

as on August 1, 2019 was 35 years for candidates seeking to

participate in the selection process for appointment of Cook

'A'. Since the petitioners were well above the cut off age, such

age relaxation could not be granted in terms of any

Government Orders/Notification.

In the previous recruitment process in 2017 when such

age relaxation was granted by the Chairman, Selection

Committee to one candidate, the same was not done with the

approval of ISI. However, one wrong cannot be perpetrated

with commission of other wrongs.

This Court finds no scope for any interim order in the

present writ petition. Prima facie, this Court is of the view that

prescribing eligibility criteria/ "cut off age" is a conscious

decision taken by the employer and the Courts should not

interfere with the same. The terms of the advertisement

should be construed strictly. A beneficial reference may be

made to a Judgment reported in 2021 SCC Online 1262 (State

of Bihar & Ors. vs. Madhu Kant Ranjan & Ors.).

Let Affidavits be exchanged.

Let an Affidavit-in-Opposition be filed by eight weeks

from date. Reply thereto, if any, be filed within three weeks

thereafter.

The parties will be at liberty to mention the matter for

hearing upon completion of the period stipulated for

exchange of Affidavits.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)