Calcutta High Court (Appellete Side)
Prasenjit Biswas & Ors vs The State Of West Bengal & Ors on 16 July, 2018
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
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16.07.2018.
Item no. 24.
Court No. 19
ap W.P.S.T. No. 207 of 2011
Prasenjit Biswas & Ors.
Versus
The State of West Bengal & Ors.
Mr. Arkadipta Sengupta.
...For the Petitioners.
Mr. Tapan Kumar Mukherjee, Ld. AGP,
Mr. Somnath Naskar.
...For the State.
Let the affidavit-in-opposition filed by the
learned Advocate for the State in Court today be
kept on record.
This writ application is directed against a final
order dated June 13, 2011 passed in the original
application by the West Bengal Administrative
Tribunal.
By virtue of the order impugned to this writ
application, the original application was dismissed
rejecting the claim of the applicants to include them
in the panel of Group "D" posts under Food and
Supplies Department, Government of West Bengal
under exempted category. All the applicants were
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belonging to the exempted category (ex-census
employees).
It is submitted by the learned Advocate
appearing on behalf of the petitioners that the
petitioner nos.1 to 5 and 7 are still interested to
proceed with this writ application while the other
petitioners have already been accommodated in
other suitable vacancies.
Having heard the learned Advocate appearing
on behalf of the respective parties as also after
considering the facts and circumstances of this case,
we find that the learned Tribunal took into
consideration Notification No.240-Emp dated August
2, 2001 by which reservation under exempted
category was created. The learned Tribunal further
took into consideration a copy of the panel, which
was annexed to the original application by the
applicants/petitioners. Ultimately, taking into
consideration the provisions of paragraph 6 of the
aforesaid Notification dated August 2, 2001, the
learned Tribunal arrived at a conclusion that no
curtailment of existing percentage of reservation for
Scheduled Caste and Scheduled Tribe and Other
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Backward Classes could be made as a result the
reserved point for SE(EC), ST (EC), OBC (EC) should
be filled up by exempted category candidates
belonging to Scheduled Caste, Scheduled Tribe and
Other Backward Classes only. However, in case of
non-availability of a suitable exempted category
candidate belonging to SC, ST, OBC for any such
reserved point, the said vacancy should be filled up
by non-exempted category candidate belonging to
SC, ST, OBC as the case might be.
The learned Tribunal also took into
consideration of the reply of the State respondents to
arrive at a conclusion that after preparation of the panel adhering to the 100 point roaster in the light of the Notification No.240-Emp dated August 2, 2001, there was no scope to consider the cases of the petitioners further.
From the statements made in sub-paragraph
(i) of paragraph 3 at page 12 of this writ application, we find that it has been categorically stated by the petitioners that the decision making process of the respondent authority was not considered by the learned Tribunal in taking into consideration the 4 provisions of paragraph 6 of the above Notification dated August 2, 2001.
We are of the considered view that in the aforesaid facts and circumstances, the order impugned to this writ application requires our interference and the same stands quashed and set aside.
We direct the Principal Secretary to the Government of West Bengal, Food and Supplies Department to consider the aforesaid panel in question for arriving at a conclusion as to whether the panel in question was prepared adhering to 100 point roster as prescribed in this Notification No.240-Emp dated August 2, 2001 after giving an opportunity of hearing to the petitioner nos.1 to 5 and 7 and by passing a reasoned order within a period of eight weeks from the date of communication of this order.
With the discussions and observations made hereinabove, the writ application stands disposed of.
There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously 5 as possible on compliance of all necessary formalities.
(Debasish Kar Gupta, J.) (Shampa Sarkar, J.)