Calcutta, Sept. 29: Recommendations of names of candidates for appointment in government or government-aided of-fices need not always come from the employment exchange, the high court said today.
A division bench of Chief Justice V.S. Sirpurkar and Justice N.C. Seal directed the management of a school in West Midnapore to allow petitioners Sanjib Patra and Subhasish Bera, whose names had not been sent by the exchange, to appear for the interview.
A trial bench of the court had rejected the petitions challenging the decision of Shyamasundari Vidyamandir ' at Gopiballavpur, 200 km from Calcutta ' of not allowing them to appear for the interview for clerical posts.
The school barred the duo from making the appearance as their names had not been forwarded by the exchange.
Justice Asim Banerjee of the trial court had observed that their names had been enlisted in the employment exchange only in the current year, while several others had been enrolled for many years. The court said then that the school authorities had, as such, not done anything wrong by not allowing Patra and Bera to appear for the interview.
The two of them moved the high court, where advocate Souvadra Chatterjee pointed out that the Supreme Court had recently ruled that appointing authorities were bound to call all eligible candidates.
'After the Supreme Court ruling, it is not a factor whether the said candidates' names are approved by the employ- ment exchange or not. The school cannot restrain my clients from appearing for the interview after they succeeded in written tests,' Chatterjee said.
The apex court had recently upheld a verdict of Justice Indira Banerjee of Calcutta High Court that the authorities of government establishments had no right to prevent job seekers from appearing for interviews after succeeding in written tests. The judge also said that approval of names of candidates by employment exchanges was not mandatory.
However, several advocates alleged that even after the apex court ruling, many schools were not allowing job seekers to appear for interviews unless their names were recommended by the exchange.