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2019 Supreme(Cal) 1

ARIJIT BANERJEE
RIYA DAS – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
Soumen Kumar Dutta, Adv., Debanshu Ghorai, Adv., Indrajit Mondal, Adv., Pantu Deb Roy, Adv., Arindam Deb Roy, Adv., Joydeep Kar, Adv., Siddhartha Banerjee, Adv., Saikat Banerjee, Adv.

JUDGMENT :

Arijit Banerjee, J.

The subject matter of challenge in this writ petition is a notification dated 28 September, 2018 which was posted on the Website of the Calcutta High Court inviting Online applications in the prescribed format from eligible Indian citizens possessing knowledge of the vernacular of the State for the preparation of a panel for filling up the existing and expected vacancies in 221 Group - 'D' posts on the Original Side and the Appellate Side of the High Court.

2. The petitioner has challenged the said notification on six grounds which are as follows:-

(i) Examination Fee has been imposed on SC/ST candidates in violation of Section 4 (b) of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1976 (in short the Reservation Act).

(ii) The educational qualification prescribed is irrational. There is no justification for making graduate candidates ineligible.

(iii) No marks have been indicated for the interview.

(iv) The recruitment process has not been published in two Newspapers of national importance one of which should be in the vernacular of the State.

(v) The operation of Right to Information Act, 2005 (in





















































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