Calcutta High Court
Arijit Das And Ors vs The State Of West Bengal And Ors on 19 June, 2025
Author: Kausik Chanda
Bench: Kausik Chanda
OD -1
WPO/414/2025
IA No.GA/1/2025
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
ARIJIT DAS AND ORS.
-VERSUS-
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE KAUSIK CHANDA
Date: 19th June, 2025
Appearance:
Mr. Raghunath Chakraborty, Adv.
Ms. Tanushree Das, Adv.
Ms. Amrita De, Adv.
...for the petitioner.
Mr. Alak Kumar Ghosh, Adv.
Ms. Piyali Sengupta, Adv.
...for the KMC.
Ms. Sonal Sinha, Adv.
Ms. Shabnam Farooqui, Adv.
...for the State.
Ms. Koyeli Bhattacharyya, Adv.
...for the Municipal Service Commissioner.
Mr. Dhaval Jain
..Municipal Commissioner (V.C)
Mr. Rajat Kumar Bose
Chairman (W.B.M.S.C) (V.C)
The Court: In compliance with the order dated June 18, 2025,
the Commissioner of the Kolkata Municipal Corporation and the
Chairman of the West Bengal Municipal Service Commission are present
before this Court via online mode.
It is submitted on behalf of the West Bengal Municipal Service
Commission that by a notification dated June 18, 2025, recruitment
process for the post of Sub-Assistant Engineers has already been stalled.
Although both these branches of the State have leveled
allegations against each other regarding non-compliance with the order
dated May 22, 2024, passed in WPO/60/2011 (Amal Chandra Das vs. The
State of West Bengal and Others) in undertaking the recruitments for the
posts of Sub-Assistant Engineers for the Kolkata Municipal Corporation, it
appears that there exists some communication gap concerning the
manner and mode of implementation of the said judgment.
This issue has already been clarified by this Court by an order
dated May 21, 2025, passed in WPA/9132/2025 (Supriya Mondal & Ors.
vs. The State of West Bengal and Ors.). Accordingly, there ought to be no
ambiguity as to the proper method of implementing the Division Bench's
order dated May 22, 2024. The relevant directions are once again
reiterated as follows:
(a) The State is mandated to apply the O.B.C. reservation policy
solely to the 66 classes included in the list of backward classes notified by
the Backward Classes Department of the State prior to 2010.
(b) The extent of reservation for O.B.C. candidates shall be
limited to 7%, in accordance with Notification No. 1056-BCW/EC/MR-
302/97 dated November 6, 1997.
(c) The said reservation policy must be implemented in
accordance with the 100-point roster system introduced by Notification
No. 240-EMP/1M-5/2000 dated August 2, 2001, issued by the Labour
Department, Government of West Bengal.
It is further clarified that vacancies reserved for O.B.C.
candidates shall be determined in accordance with the said 100-point
roster referenced and additionally, reservations for Economically Weaker
Sections (EWS) must also be implemented in accordance with the
applicable government rules and regulations.
There should be no difficulty in identifying candidates eligible for
O.B.C. reservation in accordance with the Division Bench's judgment.
Even certificates issued after 2010 continue to mention the caste of the
candidate. If a candidate's caste is included in the list of backward classes
notified by the State's Backward Classes Department prior to 2010, such
a candidate shall be entitled to the benefits of O.B.C. reservation.
Consequently, the Kolkata Municipal Corporation is directed to
obtain approval from the Department of Urban Development and
Municipal Affairs prior to proceeding with future recruitment processes in
accordance with the directions set forth in this judgment regarding O.B.C.
reservation.
It has been submitted before this Court that, with respect to the
recruitment of Sub-Assistant Engineers, the Corporation shall
immediately seek fresh approval from the State to carry out recruitment in
terms of this order. The Department of Urban Development and Municipal
Affairs is directed to grant its approval within seven days from the date of
receipt of such requisition from the Kolkata Municipal Corporation.
Thereafter, within seven days the recruitment process shall
proceed in accordance with the Division Bench's judgment as clarified in
this order by the West Bengal Municipal Service Commission.
Let an affidavit-in-opposition to the writ petition be filed within
three weeks from today; any reply thereto may be filed within one week
thereafter. This matter is to be listed after four weeks under the heading
"For Hearing."
(KAUSIK CHANDA, J.)
sg
