Atanu Das And Ors vs The State Of West Bengal And Ors
2023 Latest Caselaw 5791 Cal

31.08.2023
Item No.3
gd/ssd
                              WP.ST/10/2022
                            ATANU DAS AND ORS.
                                    VS
                    THE STATE OF WEST BENGAL AND ORS.


                      Mr. Sukanta Chakraborty,
                      Mr. Suman Banerjee
                                           ... for the petitioners.

                      Mr. Tapan Kumar Mukherjee, Sr. Adv.
                      Mr. Somnath Naskar,
                      Ms. Sangita Roy
                                          ... for the State.


                      1. The petitioners who are the civic volunteers

             have filed this writ petition praying for a direction upon

             the respondents to quash the entire selection process

for the Post of West Bengal Police Constable (Male)

conducted by the West Bengal Police Recruitment

Board in terms of the Recruitment Notification dated 3rd

February, 2019.

2. It is not in dispute that identical relief was

sought for by the petitioners before the learned

Tribunal and admittedly the application is yet to be

disposed of by the learned Tribunal.

3. However, the petitioners have come before

this court with an identical relief solely on the ground

that the learned Tribunal in OA 430 of 2020, 479 of

2020, and 210 of 2021 by a common judgment dated

28th January, 2022 allowed the said Original

Applications in part and issued certain directions to the

Recruitment Board.

4. It is the submission of the learned advocate

for the petitioners that the effect of the decision of the

learned Tribunal dated 28th January, 2022 would have

an impact on the Original Applications filed by the

petitioners before the learned Tribunal.

5. We are unable to persuade ourselves to

agree with the said submission of the learned advocate

for the petitioners for the reason that the learned

Tribunal was considering broadly these issues of which

one of the issues whether the

selection/recommendation of the Scheduled Castes,

Scheduled Tribes, Other Backward Community A and B

against the unserved vacancies in spite of availing

benefit of age relaxation, height relaxation etc. under

the provisions of the West Bengal Scheduled Castes,

and Scheduled Tribes (Reservation of Vacancies in

Service and Posts) Act, 1976 was just and proper.

There were other subsidiary issues which were

considered by the learned Tribunal with regard to the

certain candidates who are alleged to not possess the

language qualification, another issue regarding award

of fractional marks, recommending candidates who did

not qualify in the physical measurement test or the

physical efficiency test etc. The issue as to whether the

rights of the civic volunteers stood abridged or affected

and whether the quota which they claim was given

effect to or not was never the subject matter of

consideration by the learned Tribunal which delivered

the common judgment dated 28th January, 2022.

6. Therefore, the petitioners have to agitate all

the grounds in the pending application before the

learned Tribunal and at this stage the writ petition

cannot be entertained as it is premature.

7. In the result, the writ petition stands

disposed of by giving liberty to the petitioners to raise

all the contentions both factual as well as legal in the

pending application before the learned Tribunal.

8. The learned Tribunal is requested to give

an early hearing to the said application as the business

of the learned Tribunal would permit.

(T. S. SIVAGNANAM) CHIEF JUSTICE

(HIRANMAY BHATTACHARYYA, J.)