IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI, JJ.
Baishakhi Bhattacharyya (Chatterjee) & Ors. – Appellants
Versus
State of West Bengal & Ors. – Respondents
WPA 30649 of 2016 With WPA 2613 of 2018
Decided on : 22-04-2024
| Table of Content |
|---|
| 1. the judgment begins by setting the factual context involving writ petitions against a selection process. (Para 1 , 2) |
| 2. arguments presented concerning the issues of maintainability and allegations of illegalities in the recruitment process. (Para 3 , 4 , 5 , 20) |
| 3. subsequent arguments from various parties detailing the inconsistencies and illegal actions in the selection process. (Para 6 , 7 , 8 , 9) |
| 4. jurisdictional considerations and procedural context for the court's consideration of the matters. (Para 118 , 119 , 120 , 121) |
| 5. examination of the validity of the certificate under section 65b of the evidence act. (Para 216 , 217 , 218 , 219) |
| 6. final conclusion regarding the judgment's outcomes based on established illegalities in the selection process. (Para 364 , 365 , 366 , 367) |
JUDGMENT :
DEBANGSU BASAK, J.
| PREFACE |
| CONTENTIONS OF WRIT PETITIONERS |
| CONTENTIONS OF WRIT PETITIONERS COMPLAINING OF RANK JUMP |
| CONTENTIONS OF CBI |
| CONTENTIONS OF SSC |
| CONTENTIONS OF SELECTED CANDIDATES OF GROUP-D |
| CONTENTION OF ADDED RESPONDENTS |
| CONTENTION OF WRIT PETITIONERS IN WPA 7370 OF 2023 |
| CONTENTIONS OF APPELLANTS IN MAT 274 OF 2023 AND MAT 443 OF 2023 |
| CONTENTIONS OF PARTIES OPPOSING THE WRIT PETITIONS |
| ISSUES |
| JURISDICTION |
| MAINTAINABILITY |
| CITED AUTHORITIES ON MAINTAINABILITY |
| ANALYSIS OF THE CITED AUTHORITIES ON MAINTAINABILITY |
| NATURE OF THE WRIT PETITIONS |
| DELAY ON PART OF WRIT PETITIONERS AND MAINTAINABILITY |
| COURT’S ORDERS ON THE WRIT PETITIONS |
| AFFIDAVITS AND REPORTS OF SSC |
| AFFIDAVITS ANDREPORTS OF BOARD |
| REPORTS OF CBI |
| ROLE OF STATE GOVERNMENT |
| INFERENCES FROM THE ROLE OF ARTICLE 12 AUTHORITIES |
| FINDINGS ON MAINTAINABILITY |
| CERTIFICATE ISSUED UNDER SECTION 65B OF THE EVIDENCE ACT |
| UPLOADING OF OMR SHEETS |
| REMAINING ISSUES |
| OPTIONS AVAILABLE |
| FIRST OPTION |
| SECOND OPTION |
| THIRD OPTION |
| ILLEGALITIES IN THE SELECTION PROCESS |
| RELIEFS |
| EXCEPTION |
| DIRECTIONS |
| CONCLUSION |
Preface
1. Several writ petitions and few appeals have been heard by this Division Bench, relating to the 2016 selection process conducted by the West Bengal Central School Service Commission (SSC for short), in terms of the order dated November 9, 2023 passed by the Supreme Court.
2. Initially, in terms of such order dated November 9, 2023 of the Supreme Court, we had commenced hearing of the matters on January 29, 2024. In the midst of hearing, learned counsel for one of the parties had submitted that, his clients would require inspection of the documents sought to be relied upon in the proceedings. Pursuant to such request being made, hearing of the matters had been adjourned and directions for giving inspection were passed on February 5, 2024. Further directions had been passed to facilitate the inspection. Subsequently, hearing of the matters had commenced on March 4, 2024. The matters have been heard practically on a day-to-day basis and for the substantial period of the day on the dates of hearing. Learned counsels for the parties has submitted written notes on argument.
Contentions of Writ Petitioners
3. Mr. Bikash Ranjan Bhattacharjee, learned Senior Advocate appearing for the writ petitioners has drawn the attention of the Court to the fact that, the 2016 selection process conducted by SSC for recruitment to the post of Group D and C in terms of the West Bengal School Service Commission (Selection of Persons for the Appointment to Non-Teaching Staff) Rules, 2009 and to the post of Assistant Teacher in classes IX and X in terms of West Bengal School Service Commission (Selection for Appointment to the Post of Teachers for Classes IX and X in Secondary and Higher Secondary Schools) Rules, 2006 and to the post of Assistant Teacher in classes XI and XII in terms of West Bengal School Service Commission (Selection for Appointment to Post of Teachers for Classes XI and XII in H
Atma Linga Reddy and others vs. Union of India and others
Arjun Panditrao Khotkar vs. Kailash Kushanrao Gorantyal and others
Anvar P.V. Vs. P.K. Basheer and Others
Anupal Singh and others vs. State of Uttar Pradesh and others
Anvar P.V. vs. P.K. Basheer and others
Aflatoon and Others vs. Lt. Governor of Delhi and Others
Bedanga Talukdar vs. Saifudaullah Khan and Others
Bharati Reddy vs. State of Karnataka and Others
Commissioner, Bangalore Development Authority vs. S. Vasudeva and others
Chennai Metropolitan Water Supply and Sewerage Board and others vs. T.T. Murali Babu
Cauvery Coffee Traders, Mangalore vs. Hornor Resources (International) Company Limited
Chennai Metropolitan Water Supply and Sewerage Board and others
Dharam Pal vs. State of Haryana and Others
D. Sarojakumari vs. R. Helen Thilakom and Others
Dulu Deka vs. State of Assam and Others
Gurpal Singh vs. State of Punjab and others
Himani Alloys Limited vs. Tata Steel Limited, 2006 SCC OnLine Del 490
H. R. Adyanthaya and Others vs. Sandoz (India) Limited and Others
H.L. Trehan and others vs. Union of India and others
Inderpreet Singh Kahlon and others vs. State of Punjab and others
Institute of Chartered Accountants of India vs. L.K. Ratna and others
K.I. Shephard and others vs. Union of India and others
K. Manjusree vs. State of Andhra Pradesh and Another
M.P. Electricity Board through the Chief Engineer, M.P. EB and another vs. Virendra Kumar Sharma
Maharashtra State Road Transport Corpn. And Another vs. Rajendra Bhimrao Mandve and Another
Mohd. Arif alias Ashfaq vs. State (NCT of Delhi)
Madan Lal and others vs. State of J & K and others
Mohd. Mustafa vs. Union of India and others
Mohinder Singh Gill and Another vs. The Chief Election Commissioner, New Delhi and Others
Mohd. Sohrab Khan vs. Aligarh Muslim University and Others
M.C. Mehta (Taj Corridor Scam) vs. Union of India and others
Maria Margarida Sequeira Fernandes and Other vs. Erasmo Jack De Sequeira
Nehru Yuva Kendra Sangathan vs. Mehbub Alam Laskar
Rajesh Yadav and another vs. State of Uttar Pradesh
Ravinder Singh alias Kaku vs. State of Punjab
Ramesh Chandra Shah and others vs. Anil Joshi and others
State of Gujarat and Another vs. Justice R.A. Mehta and Others
Surinder Singh and Others vs. State of Punjab and Another
State of Bihar and Others vs. Md. Kalimuddin and Others
Sadananda Halo and others vs. Momtaz Ali Sheikh and others
Syed Askari Hadi Ali Augustine Imam and another vs. State (Delhi Administration) and another
State of Jharkhand and others vs. K.N. Farms and Industries Private Limited
State of Punjab vs. Raghbir Chand Sharma and Another
State of Jammu and Kashmir and others vs. Ajay Dogra
Sadananda Halo and others vs. Momtaz Ali Sheikh and others
Sunil vs. State of Maharashtra and others
S.S. Sharma and others vs. Union of India and others
State of Madhya Pradesh and another vs. Bhailal Bhai and others
State of Orissa and another vs. Rajkishore Nanda and others
Smriti Madan Kansagra vs. Perry Kansagra
Sanjay Kumar and others vs. Narinder Verma and others
T. K. Rangarajan vs. Government of Tamil Nadu and others
Union of India vs. N. Murugeshan and others
Union of India and others vs. Rajesh P.U., Puthuvalnikathu and another
Union of India and Others vs. B. Valluvan and Others
Vishal Ashok Thorat and others vs. Rajesh Shrirambapu Fate and others
V. K. Majotra and others vs. Union of India and others
Vijendra Kumar Verma vs. Public Service Commission, Uttarakhand and others
Natural justice requires representative right of hearing for appellants under Rule 17 before Hon’ble Single Bench.
The court upheld the Commission’s authority to conduct a second written examination to rectify previous evaluation errors, affirming the necessity for fair recruitment practices.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.