MEHEDI MASUD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Appeal was heard on different dates. It was reserved for Judgment finally on 16.4.2008. While going through the records at the time of dictating judgment in chambers, a strange defect was noticed by us inasmuch as nowhere in the records of the Paper Book, could we find the case number of the Original Writ Petition. In fact, even the photocopy of the impugned order dated 9.1.1995 which has been placed at page No. 26 of the Paper book, there is no indication about the case number. We therefore directed the Assistant Registrar attached to this Court to enquire and give us the number. Finally, the Assistant Registrar made enquiries whereafter the Registrar (Original Side) submitted a Report dated 12.5.2008 and from the same it was found out that the Order impugned relates to W.P. No. 98 of 1995. It appears from the Report of the Registrar (Original Side) that a thorough search was made and it was only thereafter that the number of the case could be located and that too, in the concerned Ledger. Let the Note put up before us by the Registrar (Original Side) being the Report dated 12.5.2008 be retained with the records of this case.

(2.) This Appeal is directed against an Order passed by a learned Single Judge of this Court on 9.1.1995 in W.P. No. 98 of 1995 (Mehedi Masud Vs. State of West Bengal & ors.) whereby and whereunder the Writ Petition filed by the Petitioner was dismissed on the ground that an amendment had been carried out on 4.7.1994 in the Recruitment Rules in terms whereof the maximum marks for interview had been fixed at 100 for each post and also, on the ground that the Petitioner did not succeed in the interview as was evident from a letter dated 25.11.1994 which was made Annexure-E to the Writ Petition. On the basis of these two grounds, the learned Trial Judge held that no case had been made out for interference and accordingly dismissed the Writ Petition.

(3.) The case of the Appellant, as pleaded, is that he had passed the Secondary Examination in the year 1989 and had got his name registered with the local Employment Exchange. A large number of posts of Constables in the Calcutta Police were lying vacant and as a result thereof, the concerned authorities requested the Employment Officer of the Exchange in the District of Midnapore including the Employment Officer, Project Employment Exchange Haldia, to send the names of eligible candidates. Upon such requisition, the Employment Officer, Project Employment Exchange Haldia, issued a Memo dated 31.8.1994 to the Petitioner requesting him to appear before the Selection Board on 15.9.1994 at 8 A.M. in the District Police line, Midnapore for physical measurement and other tests as required under the Recruitment Rules.