Papai Sarkar & Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 3994 Cal

    01                   IN THE HIGH COURT AT CALCUTTA
05.07.2022              CONSTITUTIONAL WRIT JURISDICTION
  sb
   Ct 23                        APPELLATE SIDE
                                WPA 20942 of 2021

                                 Papai Sarkar & Anr.
                                          Vs.
                            The State of West Bengal & Ors.


                         Mr. Bikash Ranjan Neogi,
                         Mr. Ananya Neogi,
                         Mr. Guddu Singh
                                    .... For the petitioners.

                         Ms. Chaitali Bhattacharya,
                         Ms. Sanjukta Samanta
                                     ... For the State respondents.

The petitioners made further arguments by citing

the following judgments:-

AIR 1972 SC 628 (paragraph 7), (2012) 7 SCC 198

(paragraphs 8 & 9), (2008) 3 SCC 512, (2010) 13 SCC 467

(paragraph 20) and the judgment and order of the Hon'ble

Supreme Court passed in Civil Appeal No.9100 of 2019

(The Assam Public Service Commission & Ors. Vs. Pranjal

Kumar Sarma & Ors.) delivered on 28th November, 2019.

Relying on these judgments, it is submitted on

behalf of the petitioners that unless the amendment to the

rules is made applicable retrospectively they are always

prospective. Any selection/recruitment process initiated

prior to the amendment to the rules shall be proceeded

with and concluded in terms of the prevailing rules and

regulations as on the date of advertisement as also the

terms and conditions specified in the advertisement, even

if there is change in the applicable rule during the

interregnum.

Let this matter appear on 19th July, 2022 for

argument on behalf of the respondents.

(Arindam Mukherjee, J.)