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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Sumodhur Banerjee – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. right to equal treatment and timely claim in appointments. (Para 2 , 3 , 4 , 6) |
| 2. arguments regarding the recruitment irregularities and applicant's rights. (Para 5 , 7 , 9) |
| 3. observations on past decisions affecting claim outcomes. (Para 8 , 10 , 11 , 12) |
| 4. ratio on delay and equitable treatment in service matters. (Para 14 , 15) |
JUDGMENT :
1. Heard learned counsel for the petitioner and the learned counsel for the State.
2. The petitioner participated in the process of recruitment being conducted for appointment of Inspector of Drugs under the Directorate of Drug Control. The advertisement in this connection was issued on 22.02.2016.
3. The petitioner has filed some applications under R.T.I from which he has discovered that he had been awarded total 81 marks. Relying upon this information obtained under the Right to Information Act, 2005 the petitioner has moved the West Bengal Administrative Tribunal (S.A.T) by filing O.A. 637 of 2021 seeking a direction that he should be appointed pursuant to the said recruitment process.
4. Before the Tribunal he placed reliance upon a decision of this Court in the case of Avijit Das & Ors. Vs. The State of West Bengal & Ors. in
Timeliness in litigation and treating similarly situated individuals equally underscores rights in recruitment processes.
The Tribunal did not act beyond its jurisdiction, and the writ petitioner failed to demonstrate any substantial grounds for interference, resulting in dismissal of the petition.
The recruitment process must ensure equal treatment of all candidates, upholding constitutional principles of fairness and non-discrimination.
Merely being included in a select list does not provide an indefeasible right to appointment; the State can regulate vacancies as per policy needs, provided there is no arbitrariness.
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