PIJUS PATRA Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) By this public interest petition the petitioner has challenged the Selection Committees constituted by order dtd. 26/11/2021 relating to selection of contractual employees for appointment under the Department of Health & Family Welfare in different Districts and Health Districts of West Bengal. The grievance of the petitioner is that all the Selection Committees constituted in different district are having political leaders, MLAs or Ministers of the ruling party as Chairperson. Hence, nepotism and malpractice is apprehended in the selection process and such a selection process in the public employment is unfair.

(2.) Submission of learned Counsel for the petitioner is that the Selection Committee is headed by the political leaders, Ministers and MLAs of the ruling party, therefore, there is serious apprehension and danger of bias as there is likelihood of giving preference to the supporters of the ruling party and the candidates connected thereto. It has further been submitted that the selection is to be made for different posts of Health & Family Welfare Department, therefore, such political leaders are not the experts of the field and there is no justification to include them as Chairperson. It has been alleged that the political leaders, chairmen are influential persons of the area, therefore, all other members of the Committee will be under their pressure and no fair selection will take place.

(3.) Opposing the prayer, learned Advocate General has submitted that there is no bar to have politicians as Chairpersons of the Selection Board and the Chairpersons had not been impleaded as party in this petition and there is no possibility of bias. He has further submitted that the issue of bias can be raised only by the prospective candidates and that the interview has little weightage in the selection process. Hence, no case for interference is made out.