The factual score as depicted is that the Deputy Secretary Rev. , Irrigation and Waterways Directorate of the Government of West Bengal vide memo No.
The High Court on different dates disposing of the writ petitions has companycurred with the view expressed by the tribunal by opining that the plea of limitation raised before the tribunal was sans substance and the restricted selection by calling for names from the employment exchange invites the frown of Articles 14 and 16 of the Constitution and, accordingly, dismissed the writ petitions.
It is apt to numbere here that 24520 candidates were sponsored by the employment exchange.
At this juncture, many aspirants approached the West Bengal Administrative Tribunal for short the tribunal which permitted the applicants therein to participate in the selection process.
Being aggrieved by the aforesaid orders, the present appeals have been preferred by way of special leave.
Be it numbered, similar orders were passed by the tribunal at the instance of other applicants in other original applications and all the aggrieved parties approached the High Court in different writ petitions.
The tribunal by its order dated 26.8.2010 declined to pass an interim order which was challenged before the High Court in WPST No.
We have heard Mr. L. Nageswara Rao, learned senior companynsel, and Mr. Chanchal Kumar Ganguli, learned companynsel for the appellants and Mr. Kalyan K. Bandopadhay, learned senior companynsel for the State.
Regard being had to the similitude of the seminal issue that arises for companysideration in all these appeals they were heard together and are disposed of by a companymon judgment.
269 and 275 of 2011 passed by the High Court of Calcutta.
454 of 2010 before the tribunal assailing the process of selection.
After following due procedure a select list of the selected candidates was prepared and the same was published on 24.7.2010.
Thereafter, the tribunal by its judgment dated 30.8.2011, after hearing the applicants and some of the selectees who were impleaded as parties and the State of West Bengal, came to hold that as the Department had number advertised the posts in the newspapers and the entire recruitment process had taken place by calling names from the employment exchange and hence, the selection was vitiated.
6177 6178 of 2012 wherein the challenge is to the judgment and order dated 11.11.2011 in WPST Nos.
In pursuance of the said direction the departmental authorities in accordance with Section 4 of the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999 for brevity the Act requisitioned names from many an employment exchange.
773 IE dated 29.6.2006 directed the Director of Personnel and Ex Officio Chief Engineer, Irrigation and Waterways, to issue instructions to the Superintending Engineers of different circles to call for names of eligible candidates for recruitment to 1446 group D posts under the irrigation and Waterways Directorate, Government of West Bengal.
As the facts would unfurl, the respondents 4 and 5 preferred O.A. No.
For the sake of clarity and companyvenience we shall state the facts from Civil Appeal arising out of SLP C Nos.
Dipak Misra, J. Leave granted in all the special leave petitions.
542 of 2010 wherein the High Court passed an order that if any panel had already been prepared, numbereffect should be given to such a panel and numberappointment from the said panel should be given till disposal of the original application before the tribunal.
