Md. Masidul Islam vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Cal) 513

IN THE HIGH COURT AT CALCUTTA
SAUGATA BHATTACHARYYA
Md. Masidul Islam – Appellant
Versus
State Of West Bengal – Respondent

Advocates Appeared:
For the Petitioner: Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Anindya Lahiri, Sr. Adv., Mr. Sudipta Dasgupta, Adv., Mr. Bikram Banerjee, Adv., Mr. Baibhav Roy, Adv., Mr. Subhomoy Paul, Adv., Mr. Anish Chakraborty, Adv.
For the Respondent: Mr. Kishore Dutta, Ld. AG, Mr. Bhaskar Prasad Vaisya, Ld. AGP, Mr. Ranjan Saha, Adv.
For the PSC : Ms. Shraboni Sarkar, Adv., Ms. U. H. Khatun, Adv.

JUDGMENT :

SAUGATA BHATTACHARYYA, J.

1) In the writ petition preliminary point of jurisdiction needs to be decided, i.e. when West Bengal Administrative Tribunal (for short, “said Tribunal”) becomes non-functional due to non-availability of Chairman and members litigants on issues concerning State Government service are required to approach Single Bench of the High Court or Division Bench without approaching Single Bench. Court finds it necessary to decide aforesaid preliminary point first before considering merit of writ petition since writ petition has been filed before this Court and same is pertaining to State Government service.

2) Section 28 of the Administrative Tribunals Act, 1985 (hereinafter referred to as “said Act of 1985”) provides exclusion of jurisdiction of High Court in the matters of recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post. As per section 28 post decision of Tribunal issue was required to be agitated before the Hon’ble Supreme Court. Sections 14 and 15 of said Act of 1985 while providing jurisdiction, powers and authority of Central Administrative Tribunal and State Administra