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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE,
Saifuddin Purkait – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioners' request for writs regarding recruitment process. (Para 1) |
| 2. arguments regarding maintainability of pil in service matters. (Para 2 , 3 , 4 , 5) |
| 3. court's analysis on maintainability issues in pil. (Para 6 , 7 , 8) |
| 4. summary of legal precedents regarding pil in service matters. (Para 9 , 10) |
| 5. conclusion on dismissal of the pil. (Para 11 , 12 , 13) |
Judgment :
Sujoy Paul, J.
1. In this public interest litigation, the petitioners have prayed for following
relief:
“Under the above facts and circumstances, it is prayed that your Lordship may be graciously pleased to issue:-
a) A writ and/or Writs commanding the respondent concerned, their agent, men, sub-ordinates and each of them to set aside the purported selection process for the post of Data Entry Operator, Consultant, Junior Consultant etc. in different Office like, Districts, Sub-Division, Block and/or Panchayet, Library offices and others department throughout the State of West Bengal in Bangla Sahayata Kendtra in 2020, 2021 and 2022 and further more to direct the Recruitment Agency to initiate fresh recruitment process in accordance with law forthwith.
b) Writ and/or Writs commanding the respondent conce
Public Interest Litigations related to service matters are not maintainable as per constitutional precedent, as established in Duryodhan Sahu (Dr.) vs. Jitendra Kumar Mishra.
Public Interest Litigations cannot be entertained in service matters, except for writs of quo warranto, to prevent misuse of judicial resources.
Public interest litigation is a weapon which has to be used with great care and circumspection and judiciary has to be extremely careful to see that behind beautiful veil of public interest an ugly p....
It is no doubt true that the strict rules of locus standi are relaxed to an extent in a quo warranto proceedings. Nonetheless an imposter coming before the Court invoking public law remedy at the han....
The court ruled that a writ petition remained maintainable for appointment relief despite claims of infructuous nature due to previous court orders and established criteria for appointment.
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