All-Time High Unemployment Due To Hurdles Created By ‘Petty Technicalities’ & Misuse Of Discretionary Powers: Calcutta HC

The Calcutta High Court has recently observed that the lack of efficient mechanisms in providing employment to youth, has led to a large percentage of the country’s population being unemployed. Court was dealing with challenges against the action of the Additional District Inspector of Schools, Purba Medinapur in the recruitment process to hire one clerk and two laboratory attendants, being carried out by the managing committee of Marishda BKJ Banipith School, In setting aside memos by the Additional District Inspector of Schools, Purba Medinapur, which had dissolved the panels for appointment of Group C & D staff, published by the school, a bench of Justice Shekhar B Saraf held: 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. Court further denied any relief to the petitioners, who were prospective candidates in the recruitment processes, upon noting that the filling up of vacancies in the Group C and D category could only be carried out by the WB School Service Commission and not by any Managing Committee. Grounds for such rejection were that the school had failed to approach the local employment exchange within 45 days of initiation of recruitment, school authorities postponed the date of interview without DI approval, and no candidate could be appointed before 18 years of age, whereas the first candidate in the panel was only 16 years old on the date of reference. Finally, in noting that the recruitment process began in 2017, after the initiation of the 2009 recruitment rules, the Court noted that the managing committee has no power to fill up the position of clerk and the authority to fill the position of clerk is to be done by the West Bengal School Service Commission as per the 2009 Rules.