Sri Anirban Sarkar vs State Legal Services Authority
2023 Latest Caselaw 1368 Cal

   24.
23.2.2023
   S.D.

                                  W.P.A. 3601 of 2023

                                  Sri Anirban Sarkar
                                          Vs.
                            State Legal Services Authority,
                                  West Bengal & Ors.

                 Mr. Ayan Banerjee
                 Mr. Dhiman Banerjee
                                          ... For the Petitioner

                 Mr. T.K. Chatterjee
                                       ...For the Respondent No. 3

Mr. Arindam Sen Mr. Sagnik Bhattacharya Md. Sahinuraman Mr. Rishav Gupta

Mr. Banerjee, learned counsel appearing on behalf of

the petitioner submits that the petitioner participated in the

recruitment process pursuant to Recruitment Notification

dated August 25, 2022 for appointment of Chief Legal Aid

Defense Counsel for the district of Howrah. As per the said

Notification, the Deputy Chief Legal Aid Defence Counsel

and Assistant Legal Aid Defence Counsel were engaged, but

the petitioner was not engaged. The petitioner made an

application under the R.T.I. Act, 2005. After the said

application was made, the merit list for the post of Chief

Legal Aid Defence Counsel for the district of Howrah was

published in the official website wherefrom it appeared that

the petitioner was the first candidate in the panel. However,

the petitioner was informed that since the petitioner did not

obtain 50% in the aggregate of written test and viva voce the

petitioner's candidature was not considered.

Thereafter, on January 30, 2023, a fresh Recruitment

Notification was published for engagement of Chief Legal

Aid Defence Counsel.

Mr. Banerjee, learned counsel appearing on behalf of

the petitioner relies on a judgment reported in (2008) 3 SCC

512 (K. Manjusree vs. State of Andhra Pradesh & Anr.) in

support of his contention that once the recruitment process

has started, the selection criteria cannot be changed for the

same. No fresh benchmark requiring a candidate to obtain

50% in the aggregate could be introduced by the authorities

concerned.

Mr. Sen, learned counsel appearing on behalf of the

State respondents submits that necessary instructions are

required to be taken in the matter.

Let a report on affidavit be filed by March 3, 2023.

Exception, if any, be filed by March 15, 2023.

Let the matter appear for further consideration under

the same heading "Motion" on March 21, 2023.

It is made clear that the Notification dated January 30,

2023 is to be kept in abeyance till the disposal of the writ

petition and/or until further orders since this Court is prima

facie of the view that the selection criteria could not be

changed after the commencement and/or completion of the

recruitment process.

All parties shall act on the server copy of this order

duly downloaded from the website of this Court.

(Lapita Banerji, J.)