LAWS(CAL)-2004-5-5

PHALGUNI SAKHA CHATTAPADHYAY Vs. STATE OF WEST BENGAL

Decided On May 21, 2004
PHALGUNI SAKHA CHATTAPADHYAY Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present case arises out of an application under Article 226 of the Constitution of India. It is directed against the judgment dated 5.7.1999, passed by the West Bengal State Administrative Tribunal, hereinafter referred to as "the Tribunal" in O.A. 392 of 1997.

(2.) Grievances of the petitioner may briefly be stated as follows : Petitioners appeared in the written test on 9.7.1995 and thereafter, in the interview held on 30.7.1995 for recruitment to the post of Trainee Krishi Prajukti Sahayak. While waiting in anxiety, it could be learnt that a few other candidates started their training. The petitioners approached the authority concerned and on 11.11.1996, came to know that the panel with their names had been cancelled. They made an application on 15.11.1996, alleging therein that in spite of being selected, the Principal Secretary, Department of Agriculture, by an order dated 31.8.1996 (Memo No. 286-ACC/26/96 dated 31.8.1996) cancelled the same. But some persons were sent for pre-service training. It could be learnt on enquiry that some persons moved a writ petition, being C.O. No. 17295(W) of 1995, challenging the order of cancellation. The said case was renumbered as T.A. No. 946 of 1996. A second list was prepared for the rest 20 candidates. Those approaching the High Court were favoured with appointment letters. Applicants prayed for immediate approval of second list. The candidates who approached the High Court withdrew the application on assurance of the authority concerned that they would be provided with suitable appointment. Application filed by them was so allowed to be withdrawn by order of the Tribunal dated 29.8.1996.

(3.) Entire examination of the Purulia District having been cancelled by order dated 31.8.1995, there could be no question of giving appointment to a few.