Lack Efficient Mechanisms For Generating Employment, Many Frustrated With The System: Calcutta HC In Cases Where Candidates Are Litigating From 2009 For 3 Posts
The Calcutta High Court recently observed in a case that there is a worrying stagnation of employment in the country due to the lack of efficient mechanisms for generating employment, which has left a large percentage of our population unemployed.
The Single Judge Bench of Justice Shekhar B Saraf was dealing with a batch of Writ Petitions concerning a vacant clerk's position (1 post) and two laboratory attendant's positions dating back to 2009. Additionally, the petitioners had sought appointment and direction to the West Bengal School Service Commission (WBSSC) to initiate a fresh recruitment process in accordance with the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Non-teaching Staff) Rules, 2009.
Challenging a memorandum issued by the Additional District Inspector (ADI) of Schools in Purba Medinapur to two schools in July and October 2020, the petitioners contested the dissolution of panels for filling vacancies in both institutions. The petitioners submitted that the schools had deferred the interviews for the recruitment process, and they duly informed the District Inspector (DI) of Schools about the postponement. However, the DI neither approved nor rejected the proposal to delay the interviews. In response, the ADI issued memoranda dissolving the panels of the schools.
Being aggrieved, the petitioners approached the Court, asserting their right to an appointment based on the claim that they were the initial individuals to be empanelled in the respective panels.
On the merits of the case, the Court observed, "In the current case, a single vacancy of clerk and two vacancies for Laboratory Attendant has been vacant and litigation against it has continued since 2009. Rather than employing combined efforts to ensure the position is filled up, what has ensured is years of legal disputes"
However, in the epilogue of the Judgement, the Court stated, "Many frustrated with the system have actively stopped searching for jobs and youth unemployment is at an all time high. Rather than encouraging the citizens of India to actively seek out jobs and contribute to the flourishing of the nation, institutions have frustrated the youth by creating hurdles borne out of petty technicalities and have misused the discretionary power enshrined on them."
The Court noted that the petitioners have neither the vested right of selection nor the right to be considered for appointment and refused to grant any relief, of appointment, to the petitioners. The Court also remarked, "That To ensure the prosperity of our nations institutions, one must be mindful when applying the relevant recruitment Rules so that they do not become tools of public mischief."
Cause Title: Arnab Roy v. State of West Bengal & Ors. & connected matter [WPA No 7283 OF 2020]
