Arunangshu Chakraborty vs The State Of West Bengal And Others
2021 Latest Caselaw 6279 Cal

December 13, 2021
Item No. 03
Court No.1
SG/s.biswas
                                      WPA 20316 of 2011

                                   Arunangshu Chakraborty
                                              vs.
                              The State of West Bengal and others
                                   (Through Video Conference)


                       Mr. Arunangshu Chakraborty
                                                          ... petitioner in person

                       Mr. Tapan Kumar Mukherjee, Senior Advocate
                       Mr. Somnath Naskar, Advocate
                                                             ... for the State
                       Mr. Satyajit Talukdar, Advocate
                                                         ... for the K.M.D.A.


                        In this public interest litigation the petitioner had

                    challenged the notification for special recruitment to

                    the post of Junior Constable in West Bengal Police,

                    2011 whereby the applications were invited from the

                    permanent residents of the police stations in Left Wing

                    extremists   infested   areas   of   Paschim    Midnapore,

                    Bankura and Purulia who fulfil the requisite eligibility

                    condition.

                        Submission of learned counsel for the petitioner is

                    that the notification runs counter to the judgment of

                    the Supreme Court in the matter of A. V. S. Narasimha

                    Rao and others vs. The state of Andhra Pradesh and

                    another reported in 1969 (1) SCC 839 and that the

                    restriction on the basis of the residents can be provided

                    only by way of legislation of the Parliament.

                        Having examined the record, we find that the

                    recruitment process in pursuance to the notification in
                       2
               WPA 20316 of 2011




question was already complete in the year 2011 and

the State Government had appointed 4453 junior

constables in the area concerned on completion of the

process in the year 2011 itself.      Thereafter 10 years

have passed, therefore, the issue which learned

counsel for the petitioner is raising in respect of the

validity of the notification has become academic

especially   when    the    candidates,   who   have   been

recruited and appointed, have not been made party in

the present petition.      That apart, in the affidavit-in-

opposition respondents have given a justification for

restricting recruitment to the particular area residents

and raised an objection that the PIL in service matters

cannot be entertained.

Having regard to the aforesaid, we are of the

opinion that the prayer made in the PIL cannot be

granted at this stage.

The PIL is accordingly dismissed.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties on usual

undertaking.

[Prakash Shrivastava, C.J.]

[Rajarshi Bharadwaj, J.]