IN THE HIGH COURT OF CALCUTTA
Subrata Talukdar, Ananda Kumar Mukherjee, JJ.
Dr. Santi Prasad Sinha And Others - Appellant
Versus
Laxmi Tunga And Others - Respondent
MAT 490 of 2022, IA NO: CAN 1 of 2022, CAN 2 of 2022, MAT 173 of 2022, IA NO: CAN 1 of 2022 and MAT 181 of 2022
Decided On : 18-05-2022
| Table of Content |
|---|
| 1. overview of the case and parties involved (Para 1 , 2) |
| 2. court observations on illegalities in appointment process (Para 3 , 5 , 6 , 14 , 18) |
| 3. arguments concerning bias and procedural justice (Para 11) |
| 4. legal basis for cbi investigation due to public interest (Para 24) |
ORDER
Subrata Talukdar, J. - This batch of individual appeals arise out of a clutch of individual writ petitions which are connected to the appointments of Assistant Teachers for Classes IX and X and non-teaching staff for Group C and D Posts as notified by the State School Service Commission (for short SSC). The appellants before this Court are members of a Committee (for short the said Committee) including its Approving Authority and the Advisor, who have organised the appointments by way of recommendations issued by the SSC following the Regional Level Selection Test, 2016 (for short RLST-2016), which the writ petitioners allege to be illegal. The appellants also include candidates who have procured the alleged illegal appointments in all three categories of posts (supra).
2) By way of illustration it would be useful to quote the opening pleadings of one such petitioner in WPA 13701 of 2021 (Muhammad Abdul Gani Ansari Vs. The State of West Bengal and Ors.), which is also the subject matter of one of the appeals filed before this Court. The pleadings at Paragraphs 1, 2, 3 and 4 read as follows:-
'1. Your petitioner is a citizen of India and residing at the address given in the cause title of this instant petition.
2. The respondents herein are 'State' within the meaning of Article 12 of the Constitution of India and/or 'person or authority' under Article 226 of the Constitution of India and are thus amenable to the writ jurisdiction of this Hon'ble Court.
3. That your petitioner is affected by the illegal, arbitrary, whimsical act of the respondent Commission which would as a result cost him to lose an opportunity to get appointment as an Assistant Teacher for Classes (IX to X) for the subject of Mathematics. The respondent commission illegally, arbitrarily and whimsically did not call the petitioner in counselling process and also did not give appointment to the petitioner though there is seat vacant in the petitioner's category and also the respondent authority give appointment to the below rank holder candidates than the petitioner for which the petitioner lost his opportunity to get recommendation letter.
4. Your petitioner states that Petitioner being an OBC-A candidate has adhered all requisite educational qualifications as well as the required training qualification. The petitioner is an eligible candidate to be appointed as an Assistant Teachers for Classes IX and X.
Photocopies of the Academic and Professional Testimonials of the petitioner and caste certificate are annexed herewith and collectively marked as Annexure 'P-1''
Similar pleadings and prayers to set aside the illegal appointments to all the three categories of Posts as stated above are part of the other writ petitions.
3) The Hon'ble Single Bench during the course of hearing of individual writ petitions on several dates was, inter alia, pleased to notice several prima facie facts which were startling and surprising. It would be relevant for this discussion to notice the facts as recorded by the Hon'ble Single Bench through several orders in individual writ petitions:-
'28.02. 2022
WPA 13700 of 2021 Setab Uddin & Ors.
Vs.
The State of West Bengal & Ors.
I have asked Mr. Sarkar, Ex-chairman of the Central School Service Commission, who signed the two recommendation letters issued to Respondent 2 No.6 on 18.12.2019 and 25.02.2020?
Mr. Sarkar has intimated this court that he was in Central School Service Commission as Chairman from 10.01.2019 to 15.01.2020. He has no idea who signed these recommendation letters as, when the first recommendation to the respondent No. 6 dated 18.12.2019 was signed he was on leave due to his mother's death and when the second recommendation dated 25.02.2020
Bihar School Examination Board vs. Subhash Chandra Sinha and Others
Cinnamond vs. British Airport Authority (1980) 1 W.L.R. 582
Common Cause, A Registered Society vs. Union of India
Gadde Venkateswara Rao vs. Govt. of A.P. and Ors. (AIR 1966 SC 828)
Harinath vs. Rajendra Medical College (1973) 1 SCC 805
Karnataka Public Service Commission and Ors. Vs. B.M. Vijaya Sankara and Ors. Another
Kendriya Vidalaya Sangathan vs. Ajay Kr. Das
Kumaon Mandan Vikas Nigam Ltd. vs. Girja Shankar Pant and Ors.
Lloyd vs. McMohan 1987 A.C. 625 (862)
Meerut Development authority vs. Association of Management Studies and Another
Mohinder Singh Gill vs. Chief Election Commissioner (1978 1 SCC 405)
Nagendra Nath Bora vs. Commissioner of Hills Division (AIR 1958 SC 398)
Rajendra Singh vs. State of M. P. (1996) 5 SCC 460
Sakiri Vasu vs. State of UP and others
State Bank of Patiala vs. S. K. Sharma (1996) 3 SCC 364
State Bank of Patiala vs. S.K. Sharma, Rajendra Singh vs. State of M.P.
State of Madhya Pradesh vs. Mahesh Kumar (1997) 6 SCC 95
State of Punjab vs. Davinder Pal Singh Bhuller and others
Swadeshi Cotton Mills vs. Union of India
The main legal point established in the judgment is that appointments based on fraudulent and fake orders can be terminated, and compliance with the provisions of the Gujarat Secondary Education Act ....
The court found that the chairman and members of the Haryana Public Service Commission misbehaved by failing to maintain integrity, refusing to cooperate with investigations, and engaging in arbitrar....
Denial of salary without any justifiable reason cannot be countenanced.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
Natural justice requires representative right of hearing for appellants under Rule 17 before Hon’ble Single Bench.
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