LAWS(CAL)-2004-4-31

BIPLAB KUMAR SINHA Vs. STATE OF W B

Decided On April 07, 2004
BIPLAB KUMAR SINHA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) These two writ applications were taken up together as common question of law is involved in both these writ applications and at the same time they are interlinked.

(2.) In W. P. No. 19049(W) of 2003 the petitioner has claimed that he is entitled to get promotion to the post of Accountant in the concerned college as an unreserved candidate, he being the seniormost candidate. The petitioner has further claimed that the post of Accountant in the college being a single cadre post is not subject to reservation for Scheduled Caste or Scheduled Tribe and, thus, he cannot be deprived of promotion on the ground that the same is reserved for Scheduled Caste.

(3.) In the other writ application, being W.P. No.4239(W) of 2004, the petitioner therein has claimed that the post of Accountant should be reserved for Scheduled Caste and he being the only Scheduled Caste candidate in the feeder post, should be promoted to that post.