Calcutta High Court
Purabi Das Nee Saha vs Shri B. P. Gopalika And Ors on 6 March, 2025
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty, Rajasekhar Mantha
OD-1
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (C0NTEMPT)
ORIGINAL SIDE
CC/95/2024
IN CONNECTION WITH
WPO/1160/2013
PURABI DAS NEE SAHA
Vs
SHRI B. P. GOPALIKA AND ORS.
BEFORE:
THE HON'BLE JUSTICE TAPABRATA CHAKRABORTY
AND
THE HON'BLE JUSTICE RAJASEKHAR MANTHA
DATE : 6th March, 2025
Appearance:
Mr. S. Guha Krishna Kumar, Sr.
Adv. (VC)
Mr. Subir Sanyal, Sr. Adv.
Mr. Samir Pal, Adv.
Ms. Debjani Ray, Adv.
Mr. Bikram Banerjee, Adv.
Mr. Sudipta Dasgupta, Adv.
Mr. Baibhav Roy, Adv.
Mr. Sinjani Chakraborty, Adv.
...for the petitioner
Mr. Tapan Mukherjee, Ld. AGP
Ms. Sangeeta Roy, Adv.
...for the State
Ms. Sajukta Dutta, Adv.
...for Jadavpur University
Ms. Amrita Pandey, Adv.
Ms. Sneha Singh, Adv.
..for the UoI
2
1. The present contempt application has been preferred alleging violation of
the judgment dated 22nd May, 2024 delivered by this Court in five writ
petitions including the writ petition being WPO/1160/2013.
2. In connection with the contempt application, the writ petitioner/applicant
has also filed a supplementary affidavit, wherefrom it appears that in
course of hearing of other two writ petitions relating to the same judgment
dated 22nd May, 2024, an affidavit was affirmed on 21 st January, 2025 by
one Abhijit Mukherjee, Additional Secretary, Backward Classes Welfare
Department, Government of West Bengal stating, inter alia, that to pay to
respect to the order of this Court, all appointments have been stopped or
deferred till decision of the Supreme Court in the SLP filed by the State. It
was further stated that the respondents have not undergone any
recruitment process subsequent to the judgment passed on 22 nd May,
2024 and that the steps have been taken not to proceed with the selection
process as per order of this Court and that the respondents shall in no
way violate the judgment of this Court.
3. Drawing our attention to the documents, annexed at pages 17 to 37 of the
supplementary affidavit, Mr. Kumar, learned senior advocate appearing for
the petitioner submits that after delivery of the judgment dated 21 st
January, 2025 and after the order passed in the other writ petitions on
21st January, 2025, two advertisements being advertisement no.1 of 2025
and advertisement no. 2 of 2025 have been published by the West Bengal
Co-Operative Service Commission inviting applications for the posts
referred to in the said advertisements from categories including the
categories of OBC (A) and OBC (B). In the said advertisements, it has also
been mentioned that the selection of OBC (B) category candidates shall
abide by the final result and/or outcome of the SLP.
4. He further submits that in spite of full knowledge of the judgment
delivered by this Court, the alleged contemnors have deliberately violated
the same by initiating and continuing with selection process to fill up the
vacant posts through candidates belonging to OBC (A) and OBC (B)
categories which have been struck down by the said judgment.
5. Mr. Mukherjee, learned AGP enters appearance on behalf of the alleged
contemnors no. 1, 2 and 3 and Ms. Dutta enters appearance on behalf of
the alleged contemnor no. 4. Copies of the contempt application and the
supplementary affidavit have been handed over to the said learned
advocates.
6. Prima facie, it appears that the alleged contemnors are very reluctant to
comply with the judgment delivered by this Court and have acted in
deliberate violation of the same.
7. In view thereof, we direct the Chief Secretary, Government of West Bengal
to appear before this Court online on the returnable date.
8. List the matter for further consideration on 12 th March, 2025 as fixed at
2.00 PM.
9. It is, however, made clear that this Court is only concerned with the
violation of this Court's judgment dated 22.05.2024 and the breach of the
undertakings given to this Court. All categories of OBCs prior to the year
2010 are not the subject matter of this proceeding.
10. Leave is granted to the learned advocate-on-record of the petitioner to
incorporate the names of the new incumbents, who have joined to the post
of Chief Secretary, Government of West Bengal and the post of Registrar,
Jadavpur University, in the cause title of the contempt petition.
(TAPABRATA CHAKRABORTY, J.)
(RAJASEKHAR MANTHA, J.)
akg/
