Supreme Court upholds Calcutta HC Judgment appointing teacher with age relaxation for Municipal School under West Bengal Municipal Act, 1993

Supreme Court: In a special leave petition filed by the State/Directorate of Local Bodies (‘petitioner’) against a judgment of Calcutta High Court, wherein appointment was given to respondent 1-teacher for municipal school under Sections 54 and 55 of West Bengal Municipal Act, 1993 by virtue of advertisement dated 8-06-2017, despite the entire selection process was cancelled vide order dated 29-08-2022, the division bench of Sanjay Karol and Joymalya Bagchi, JJ. upheld the impugned Judgment and interpretation by the High Court

Respondent 1 was appointed as an Assistant Teacher (Bengali) on a casual basis against a sanctioned post on 04-11-2002. That vide Gazette Notification dated 12-10-2006, the West Bengal Municipal Employees’ (Recruitment) Rules, 2005 were introduced by the State Government in exercise of powers conferred under Section 417 read with Section 54(4) of the West Bengal Municipal Act, 1993.

The Single Judge vide interim order directed respondents 2 and 3 to accept the application for recruitment of the respondent 1 without pressing for the age limit bar of 40 years as indicated in the employment notice dated 08-06-2017 and permitted respondent 1 to sit in the examination for recruitment. However, the Municipality was directed not to declare the results of the examinations until further orders.

Subsequently, the petitioner filed a review petition, wherein it was held that the West Bengal Municipal Service Commission Act, 2018, along with its Second Amendment, was not applicable to the recruitment in question. This interpretation was upheld by the Division Bench in appeal.

The respondent thereafter initiated contempt proceedings before the High Court. While the results were declared pursuant to the High Court’s directions, the appointment was not granted. The State preferred an SLP before the Supreme Court, wherein a delay of 383 days was condoned, and notice was issued.

It was submitted that the West Bengal Municipal (Recruitment) Rules, 2005 do not contain any provision for granting age relaxation in connection with applications for permanent appointments. Further, vide a Memo, the respondent 1 was appointed as Teacher-in-Charge on a temporary basis, pending the appointment of a permanent teacher to the said institution.

Subsequently, in an extraordinary special meeting of councillors held by respondents 2 and 3, it was unanimously resolved that 60 sanctioned vacant posts (17+43) would be filled up in terms of the West Bengal Municipal Employees (Recruitment) Rules, 2005 (as amended), along with other extant government orders applicable in this regard.

It was further submitted that the minutes of this meeting were never communicated to the petitioner. The decision taken by respondents 2 and 3 to allow age relaxation unanimously approved in that meeting—was, prima facie, in contradiction with the provisions of the Recruitment Rules, 2005.

The Court dismissed the SLP on merits, thereby affirming the judgment and interpretation rendered by the High Court.