SAJIB KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The only question raised for consideration in this application is as to whether the Regulations incorporating a provision of interview which had been issued by a notification published in the Calcutta Police Gazette on 4th July, 1994 can be held to be applicable in case of the candidates who had passed the practical test in terms of the Regulation. This was enforced in the year 1998. This aspect of the matter is covered by a Division Bench Judgment of this Court in State of West Bengal Vs. Abdul Barkat & Ors., reported in 1999(4) SLR 449 : 1999(4) SCT 119 (Calcutta)(DB) , where it has been held that the writ petitioner respondent applied for appointment as constable. Admittedly, at the relevant point of time, there was no provision for interview or any other test. Such a provision admittedly has been incorporated by a reason of a notification published in the Calcutta Police Gazette on 4th July, 1994 wherein 100 marks had been accorded, 50 being for reading and writing and 50 for general knowledge and current affairs. As in the order of 1990 such a provision was not existing, the rules existing at the relevant point of time must be followed.

(2.) In this view of the matter, we are of the opinion that there is no infirmity in the judgment under appeal. This aspect of the matter has been considered in N.T. Bevin Katti Vs. Karnataka Public Service Commission, AIR 1990 Supreme Court 1223 , which in turn has been followed by the Appeal Court in B.L. Gupta Vs. M.C.D., 1998(9) S.C.C. 223 : 1999(1) SCT 126 (SC) .

(3.) The learned counsel appearing on behalf of the State, however, has drawn our attention to a circular letter dated 2.7.98, the relevant portion whereof are set out hereunder:-