Calcutta High Court (Appellete Side)
Sri Ankur Bhattacharya & Anr vs The State Of West Bengal & Ors on 5 February, 2021
05.02.2021
4
ns Ct.04
M.A.T. 79 of 2021
With
I.A. No.CAN 1 of 2021
Sri Ankur Bhattacharya & anr.
Vs.
The State of West Bengal & Ors.
Mr. Udaynarayan Betal ... for appellants.
Mr. Pantu Deb Roy, ld. A.G.P.,
Mr. Pannalal Bandopadhyay .... for State.
Mr. Betal, learned advocate appears on behalf
of appellants while Mr. Deb Roy, learned advocate,
Additional Government Pleader appears on behalf of
respondents. By consent, the appeal is taken up for
hearing and disposal at this stage, dispensing with all
formalities and on papers disclosed in the stay application.
Mr. Deb Roy waives service of notice of appeal.
Mr. Betal submits, it would appear from face
of impugned order dated 13th January, 2021 that a point
not urged was the basis of dismissal of his clients' writ
petition. He submits, employment notification dated 30 th
April, 2015 had invited applications from general public
including retired Government employees (Indian citizens).
Learned Judge erred in relying on communication dated
14th September, 2001, policy document. He relies on
judgment of Supreme Court in R. S. Mittal - vs. - Union of
India reported in (1995) Supp 2 SCC 230, paragraph 10.
Two sentences are reproduced below as sufficient for this
case where there has been no decision taken regarding
appellants.
"It is no doubt correct that a person on
the select panel has no vested right to
be appointed to the post for which he
has been selected. He has a right to
be considered for appointment.
Mr. Deb Roy submits, the panel has expired. As such in
event recruitment is to be made, it has to be afresh.
The policy was formulated by Government of
West Bengal, Judicial Department. In implementing the
policy, employment notification called for applications from
general public as well. As such implementation of policy
cannot faulted because the maker of the policy and
implementing agency are the same. What is important is,
the department has not taken decision rejecting eligible
candidacy of appellants. In the circumstances, we reverse
impugned order.
It appears from letter dated 15 th January,
2020 written by concerned District Judge to Joint
Secretary, Government of West Bengal, Judicial
Department that approval of the appointment of selected
candidates in various posts of fast track Courts of Hooghly
judgeship are to be made by the Department. Accordingly,
respondent no.1 in the writ petition is directed to take a
decision on the appointments within four weeks from
communication of this order.
The appeal and connected application are
disposed of as above.
(Arindam Sinha, J.)
(Suvra Ghosh, J.)
