Saddam Hossain & Ors vs State Of West Bengal & Ors
2021 Latest Caselaw 4326 Cal

Item-2   19-08-2021                        WP.ST 62 of 2021

                                      Saddam Hossain & Ors.
                                               Versus
                                    State of West Bengal & Ors.

 sg        Ct. 16                  (Through Video Conference)


                            Mr. Samim Ahammed, Adv.
                            Mr. Arka Maiti, Adv.
                            Miss. Saloni Bhattacharjee, Adv.
                            Miss. Gulsanwara Pervin, Adv.
                                                     ...for the petitioners

                            Mr. Kishore Dutta, Ld. AG
                            Mr. Anirban Ray, Ld. GP
                            Mr. Raja Saha, Adv.
                            Mr. Pinaki Dhole, Adv.
                            Mrs. Kakali Samajpaty, Adv.
                            Mr. Sayan Ganguly, Adv.
                                                    ...for the State respondents

The petitioners are 17 in number. The writ petitioners have

challenged the order passed by the learned Tribunal on 13th

August, 2021 by which the petitioners' prayer for interim relief

was disallowed by the learned Tribunal on the ground that they

have approached the learned Tribunal belatedly. The impugned

order, however, does not disclose any reason for not considering

the prayer for interim relief. The learned Tribunal has proceeded

on the basis that since they have approached the learned

Tribunal on 6th August, 2021 and the Notification was published

on 16th July, 2021 and in absence of any cogent explanation

offered for not approaching the Tribunal prior to 6th August,

2021, the Tribunal is not in a position to hear the application for

admission.

The learned Counsel for the petitioners submits that the

Notification issued on 16th July, 2021 is discriminatory and the

age bar mentioned in the said Notification is contrary to the

Notification issued by the Finance Department on 7th January,

2021. It is also contended that age relaxation could have been

given while considering the candidature of the writ petitioners.

The learned Counsel has also relied upon the judgment of a

coordinate Bench in WP.ST No. 599 of 2009 (Goutam Surul v.

State of W.B.) reported in (2011) 3 CHN 183 in support of his

submission.

The learned Advocate General has opposed the prayer for

interim relief.

We have heard the learned Counsel for the parties. It

appears that the refusal to grant any interim relief was on the

basis that the writ petitioners had approached the learned

Tribunal belatedly. We also find that the Notification dated 16 th

July, 2021 could have been challenged much earlier giving

sufficient time to the learned Tribunal to consider the issue

raised by the writ petitioners. The issues raised by the writ

petitioners that the employment in Kolkata Police and West

Bengal Police cannot be classified separately and the

classification is discriminatory and arbitrary are the matters to be

gone into after the pleadings are complete. The nature of the job

is a relevant factor to be considered in fixing the upper age limit.

The Court is not an expert to decide what should be the

eligibility criteria particularly, with regard to age of a candidate

in a police force. However, these are the matters, as we observed

earlier, are to be decided by the learned Tribunal after the

affidavits are exchanged. At this stage, we only permit the

petitioners to file their applications off-line till 5 P.M. of 21 st

August, 2021 together with requisite application fees.

We make it clear that this order shall not create any equity

in favour of the writ petitioners and this order is restricted only

to the writ petitioners. We also make it clear that we have not

gone into the merit of matter. The learned Tribunal shall decide

the matter impartially and without being influenced by any

observations made by us.

It is submitted on behalf of the State respondents that the

Notification dated 16th July, 2021 is based on the Rules called as

Combined Recruitment Rules of Sub-Inspector (Unarmed

Branch), Sub-Inspector (Armed Branch) & Lady Sub-Inspector

in the West Bengal Police and to the posts of Sub-Inspector

(Unarmed Branch), Sub-Inspectress (Unarmed Branch) &

Sergeant in Kolkata Police notified on 10th January, 2018. This

order will not restrain the respondent from carrying out the

recruitment process already initiated.

Since no affidavit has been called for, allegations made in

this writ petition shall not be deemed to have been admitted by

the respondents.

All parties shall act on the basis of the server copy of this

order duly downloaded from the official website of this Court.

(Hiranmay Bhattacharyya, J.) (Soumen Sen, J.)