Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE WEST BENGAL ADMINISTRATIVE TRIBUNAL
BIKASH BHAVAN, SALT LAKE,
KOLKATA – 700 091
Case No.CCP-105/99
D.D. 1.12.2003
Rampada Maity ... Applicant
Vs.
N.Krishnamurti & Ors. ... Respondents
Contempt Proceeding:
Whether administrative instructions have overriding effect on the Recruitment Rules? -No
1051
The applicant Sri. Pampada Maity, being overaged for the post of Librarian in Government College
by 8 months he was not called for interview – Applicant claimed relaxation of age upto 37 years as per
Finance Department Memo - The Tribunal as per order dated 17.5.1999 directed respondents 2 and
3 to allow the applicant for interview provided he is otherwise eligible – The Commission holding that
the existing upper age limit holds good unless the same is modified by the Government held the applicant
ineligible on the ground of overage – In this contempt case filed by the applicant the Tribunal upholding
the contention of the Commission that Finance Department Memo produced by the applicant has no
overriding effect on the Recruitment Rules dismissed the contempt case.
Held:
It is well settled principle of law that nothing can be imported in the Recruitment Rules except by
way of amendment under Article 309 of the Constitution. The P.S.C. cannot unilaterally change the
Recruitment Rules unless it is amended by the State Government. The rules made under Article 309
of the Constitution have a statutory force and can be amended by a rule or notification duly made
under Article 309.
Cases referred:
West Bengal PSC
1. 1989 (2) SLR 202/page 210 - P.R.Krishnaiah Vs. UOI
2. (2001) 7 SCC 530 - Chhoturam vs. Urvashi Gulati.
ORDER
This CCP arose out of O.A.-3419 of 1999. An order was passed by Shri N.K.Batabyal and Sri.
K.M.Mandal on 16.09.1999, Hon’ble Chairman and Member (A) respectively, directing the
respondents that any appointment which will be made in pursuance of the interview, will be subject to
the result of this case. On 21.12.1999, Ld. Advocate for the alleged Contemnor Respondent, Sri.
A.Mitra submitted that show cause is required and he would make his submission on the basis of
material on record. Next date was fixed on 08.03.2000. The matter could not be heard thereafter,
though several dates went by. It got assigned to First Bench by Hon’ble Chairman on 03.04.2001.