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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 :
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.
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 W.P.S.T. 120 of 2018. The Division Bench vide its order dated 28.01.2020 had directed the authorities to appoint the petitioner nos. 1, 3 and 4 of the said writ petition. The case of the present writ petitioner before the Tribunal is that the marks which were obtained by the present petitioner was more than the three persons, petitioners in W.P.S.T. 120 of 2018 in respect of whom the Coordinate Bench has issued a positive direction to appoint.
6. He thus submits that since a
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.
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
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