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2025 DAILYLAW 46418 (CAL)

SAMAR KUMAR SINGH v. STATE OF WEST BENGAL AND ORS.

WPA/27249/2022 · 2025-02-07

Kausik Chanda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 07-02-2025 AKG Ct. 15 WPA 27249 of 2022 Samar Kumar Singh Vs. State of West Bengal & Ors. Mr. Samar Kumar Singh In-person Ms. Koyeli Bhattacharyya, …for Municipal Service Commission The petitioner challenges the selection process for the position of Conservancy Mazdoor under the Kolkata Municipal Corporation, based on the merit list dated February 22, 2021. The petitioner questions the selection of one Mr. Samir Sarkar, alleging that he was selected despite being age-barred. The petitioner also challenges the inclusion of the ex-serviceman category candidates in the panel for the said post on the same grounds. Furthermore, it is alleged that certain Scheduled Castes and Scheduled Tribes candidates were treated as General category candidates, while still being granted the benefit of age relaxation. A report has been filed on behalf of respondents no. 2 and 3. The relevant portion of the report is quoted below: “4. I state that in the field test the petitioner took 2 minutes 16 seconds to complete physical test whereas the last person in General Category namely Munshi Rabidas who got selected took 1 minute 54 second to complete the field/physical test. 2 5. I state that Samir Sarkar (Sl.No. 256) participated in the General Category under Ex-Serviceman quota and completed his field test in 1 minute 40 seconds. He was granted age relaxation following the notification No. 6249-F dated 15.6.1982 of Finance Department, Audit Branch, Government of West Bengal. 6. I state that Niran Ram Rajak (Sl.No.39), Jitu Mahato (Sl.No. 91) Sujit Kumar Dhanuk (Sl. No. 140) participated in the selection process under Scheduled Caste Category whereas Md. Najib (Sl. No.55) participated under OBC-A Category and Monoj Thakur (Sl.No. 151) participated under OBC-B Category and took 1 minute 12 seconds, 1 minute 18 seconds, 1 minute 26 seconds, 1 minute 14 seconds and 1 minute 27 seconds respectively to complete their field test. As they scored higher they were placed under unreserved Category in the merit list/Panel as per the provisions of the law of the land. 7. I submit that all the empanelled candidates against whom allegations are made have not been made a party in the instant writ petition. 8. I state that upon receiving fresh requisition dated 14.03.2022 from Kolkata Municipal Corporation, service Commission issued Advertisement dated 25.3.2022 inviting application for recruitment to the post of Conservancy Mazdoor. 9. I submit that the panel was published in the month of February, 2021 as such the life of the said panel expired in the month of February, 2022. Hence no question arises to fill up the vacancies those occurred after expiry of the said panel from the waiting list of the panel of 2021.” In view of the facts presented in the report filed by 3 respondents no. 2 and 3, which have not been controverted by the petitioner during the submission, this writ petition is dismissed. WPA 27249 of 2022 is dismissed. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)