Calcutta High Court (Appellete Side)
Hemabati Mandi vs The State Of West Bengal & Ors on 24 January, 2023
Author: Biswajit Basu
Bench: Biswajit Basu
24.01.2022 (Sl. Nos.9-11) Ct. -18 (Susanta) W.P.A. 10490 of 2022 Hemabati Mandi Vs. The State of West Bengal & Ors.
With W.P.A. 11071 of 2022 Sumangal Maddi Vs. The State of West Bengal & Ors.
With W.P.A. 11597 of 2022 Sanjit Saren Vs. The State of West Bengal & Ors. Mr. Arka Maiti, Ms. Saloni Bhttacharjee, Ms. Gulsnwara Parvin, ... For the petitioner in all writ petitions. Mr. Ranjan Saha, ... For the State in WPA 10490 of 2022. Mr. Biswabrata Basu Mallick, Mr. Sayan Ganguly, ... For the State in WPA 11597 of 2022. Dr. Sutanu Kr. Patra, Ms. Supriya Dubey ... For the SSC in all writ petitions. Ms. Koyeli Bhattacharyya, ... For the WBBSE in WPA 10490/2022 & 11071 of 2022.
Mr. Sukanta Chakraborty, ... For the WBBSE in WPA 11597 of 2022. Mr. Billwadal Bhattacharyya, DSGI, .... As Amicus Curiae, Mr. Pradip Saren, .... For Tarapada Murmu, Mr. Biswaraup Biswas, Mr. Kamal Mishra, Ms. Rimpy Mukherjee, Mr. Pratap Sarpui, ....For Krishna Kanta Sing, Mr. Amit Ranjan Pati, Mr. Ashok Halder, ..... For Ahlladi Sing, Mr. Syed Mansur Ali, .... For Biplab Singh, 2 Mr. Prosenjit Mukherjee, .... For Tapan Mandal, Mr. Avirup Mondal, Mr. Mriganka Patra, .... For Md. Habib, Mr. Falguni Bandyopadhyay, Ms. Riya Ballav, .... For Hakim Majhi, Mr. Pradyut Kumar Nandi, ... For Subhajit Mandal, Mr. Narayan Chandra Bhandary, Ms. Sulagna Sen, .... For Ruma Mahato,Sanchayita Mahato, Tapas Mahata, Yashoda Mahato & Paromita Mahto, Ms. Sunita Shaw, Mr. Soumen Chatterjee, .... For Supriya Barua & Rumpa Barua, Mr. Anamitra Banerjee, .... For Bharat Sing Manki, Mr. Jayanta Kumar Das, Ms. Madhumanti Das, .... For Anju Ghorai & Kushadhwaj Mandal, Mr. Kamalesh Bhattachrjee, Mr. Prahlad Chndra Ghosh, Mr. Subir Hazra, .... For Ayan Mahato, Barnali Mahato, Manindra Mahato & Basudeb Mahato, Mr. B. K. Sauqutat, .... For Bharat Kumar Mandal, Dibakar Mandal, Shyamal Chandra Mandal,Bidyut Mandal, Nagardip Mandal, Samar Mandal & Jayanta Mandal.
The petitioners have alleged that the candidates not belonging to the Scheduled Tribes community were called on in the personality test for recruitment in the post of "Assistant Teacher for Physical Education and Work Education (Upper Primary Level)" in the category reserved for the members of the Scheduled Tribes community.
This Court vide order dated December 22, 2022, directed issuance of notice to 55(fifty-five) such candidates whose names are appearing in the list annexed with the writ petition, being Annexure 'P-6'. 3 In pursuance thereof, some of them have appeared before this Court either in person or through their respective learned advocate. The names of five of such candidates although have been scored through in the list (Annexure 'P-6') but the petitioner has erroneously notified them. Mr. Tarapada Murmu, Shri Krishna Kanta Singh, Mr. Biplab Singh, Ms. Ahlladi Sing and Ms. Sumitra Sing have been so notified. They are not required to participate in the present proceeding henceforth. The remaining notified candidates or their respective learned advocate may approach the learned advocate-on-record for the petitioners to get the softcopy of the writ petition and the supplementary affidavit thereto through email. The said candidates are at liberty to file affidavit in support of the authenticity of their respective caste certificate on the adjourned date. The learned advocate for the State or the learned advocate for the petitioners shall make a copy of the report filed by the State on December 22, 2022 available for inspection of the petitioners or of their learned advocate.
Mr. Maiti submits that from the aforesaid report, it appears that some of the certificates are not well- founded whereas in respect of some of the certificates, the authorities have initiated proceeding for cancellation. He prays leave to file an affidavit to the 4 aforesaid report of the State, let such affidavit be affirmed within a week from date. The report of the S.D.O, Malda which forms part of the aforesaid report of the State, suggests that a proceeding for cancellation of the caste certificate of one of the notified candidates, Mr. Tapan Mandal has already been initiated.
The S.D.O, Malda is directed to expedite the disposal of the said cancellation proceeding after giving said Mr. Mandal an opportunity of being heard. In view of the gravity of the issue, the S.D.O. Malda is directed to submit a more comprehensive report on the adjourned date.
The petitioners under paragraph 3 of the supplementary affidavit to their writ petitions have disclosed the names of 16 candidates whose caste certificates were not placed for inspection in the office of the Commission.
Dr. Patra, learned counsel for the Commission, submits that the candidates, after verification, usually take back their testimonials, therefore, non- availability of such documents in the office of the Commission is not unusual.
9 out of the said 16 such candidates, viz. Prakash Kumar Thakur, Riva Saiba, Anima Kispatta, Dipali Khalho, Ayan Mahato, Bharat Kumar Mandal, Nagardip Mandal, Ujjwal Thakur and Yashoda Mahato have appeared with their respective original caste 5 certificates and under the direction of the Court all of them except Yashoda Mahato, have submitted photocopy of their caste certificate to Dr. Patra. Said Yashoda Mahato is directed to submit photocopy of her caste certificate to Dr. Patra on the adjourned date., Mr. Ranjan Saha, learned advocate for the State may take photocopy of those certificates from Dr. Patra for his record. Let the matter appear in the list on February 13, 2023 for further consideration.
(Biswajit Basu, J.)