Supreme Court affirms Calcutta High Court’s decision allowing teacher’s appointment with age relaxation under the West Bengal Municipal Act, 1993, for municipal school

In a Special Leave Petition (SLP) filed by the State/Directorate of Local Bodies challenging a Calcutta High Court judgment, the Supreme Court upheld the appointment of Anindita Das as a municipal school teacher under Sections 54 and 55 of the West Bengal Municipal Act, 1993. The appointment was granted based on the advertisement issued on 08-06-2017, even though the entire selection process was later annulled on 29-08-2022.

Das was earlier appointed on a casual basis on 04-11-2002 against a sanctioned post. The 2005 Recruitment Rules, notified on 12-10-2006 under Section 417 read with Section 54(4) of the same Act, did not provide for age relaxation. However, a Single Judge allowed her to apply beyond the 40-year age limit mentioned in the 2017 notice and sit for the exam, while directing the Municipality not to declare the results until further orders.

A review petition confirmed that the West Bengal Municipal Service Commission Act, 2018, and its amendments did not apply to this recruitment—a view upheld by the Division Bench. Despite the High Court directing result declaration, appointment was withheld, leading Das to file contempt proceedings.

The State filed an SLP, with a 383-day delay condoned. Meanwhile, Das was appointed as Teacher-in-Charge temporarily. In a special meeting, 60 vacant posts, allowing age relaxation—allegedly against the 2005 Rules. The minutes of this meeting were never shared.

The Hon’ble Supreme Court dismissed the SLP on merits, affirming the High Court’s judgment and interpretation.