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2002 Supreme(Cal) 678

Amitava Lala
Tariff Hossain – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Rasamoy Mondal for the petitioner;
Radha Dutta for the State.

JUDGMENT

Amitava Lala, J.: This writ petition is made challenging the vires of section 4 of the West Bengal Regulation of Recruitment in State Govt. Establishments and Establishments of Public Undertakings, Statutory Bodies, Govt. Companies and Local Authorities Act, 1999. Notice has been served upon the learned Advocate General of the State with the leave of the Court. No affidavit has been filed by the contesting respondent inspite of giving direction. Leave granted to file the supplementary affidavit by incorporating section 4 in the place and instead of section 3 of the Act in the prayer of the writ petition which has been inadvertently done. Section 4 of the Act is as follows:

"After the commencement of this Act, all vacancies in the posts in any Government establishment or establishment of any public undertaking, statutory body, Government company or local authority shall be filled up by such persons as may be sponsored by an employment exchange".

2. From the plain reading of the Act it appears that it is also made applicable to the local bodies including panchayat authorities and filling up the posts will be made through the Employment Exchange only. This is the crux of the cas





















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