SUBHAKAR MAZUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) In this writ application, it is the grievance of the writ petitioner that he applied for the post of Sub-Inspector/Sergeant in Kolkata Police in terms of the advertisement published on 23rd Jan., 2009 in the daily newspaper having State-wide publication, but he was not informed after screening of the applications filed by different candidates about the date of physical measurement test. The writ petitioner is a permanent resident of Subhas Nagar under Chakdah Municipality within the district of Nadia. It is the case of the petitioner that on 9th Jan., 2009 he submitted a representation to the Deputy Commissioner of Police, Head Quarter, Kolkata Police, Lal Bazar requesting the said officer to call the writ petitioner for physical measurement test. As nothing was done, he moved the State Administrative Tribunal by Original Application Na 1062 of 2009. This application was filed on 20th July, 2009. On mentioning of the matter on 22nd July, 2009 the matter was fixed on 3rd Aug., 2009. It is the submission of the writ petitioner that as per the recruitment procedures in terms of the concerned rule, namely, the rule as framed under Art. 309 of the Constitution of India, published by Notification No. 8078-P.L. dated 12th Dec., 2001, the candidate for recruitment in the post of Sub-Inspector/Sergeant in Kolkata Police relating to the vacancy under direct recruitment quota should be qualified with a degree of a recognised University or its equivalent as well as the minimum physical standard as prescribed thereto. As per the said rule the candidate who would satisfy the minimum qualification, prescribed namely, academic and physical standard as well as the age as specified in the rule, is required to appear in the competitive examination which is termed as written examination test and on qualifying in it, a personality test is taken for final selection. It is the case of the writ petitioner that 2nd Aug., 2009 is the date fixed for written examination of those candidates who have already qualified the physical measurement test. As the Tribunal posted the matter on 3rd Aug., 2009, the petitioner has filed this writ petition for necessary relief.

(3.) Mr. Das, learned Advocate appearing for the State respondent has produced the notification of said and a part of screening list as prepared after screening applications filed by different candidates. From the said screening list as submitted before this Court, it appears that the petitioner's application was scrutinised and he was eligible to appear in the physical measurement test. The petitioner's name marked under Serial No. 11255. Mr. Das submits that advertisement for the post was duly made in four newspapers having wide publication in the State namely, Aajkal, Sangbad Pratidin, Ganashakti and the Telegraph. Thereafter as the Parliament election intervened, the physical measurement test as earlier scheduled, was adjourned and further news publication was issued in the newspaper Ganashakti in its publication dated 24th May, 2009, in the Telegraph in its publication dated 24th May, 2009 and in the Bartaman in its publication dated 24th May, 2009 to this effect that the candidates who did not receive the call letter for appearance in the physical measurement test should consult "the police website" to verify their names and thereafter they may appear in the physical measurement test at the stipulated time and date as fixed. The dates were in the span of period 1st June, 2009 to 27th June, 2009. To oppose the grievance of the writ petitioner that he did not receive any call letter for his appearance in the physical measurement test, three sheets of papers have been produced before this Court. From the said documents as produced, it appears that 801 numbers of candidates name was considered under Serial No 10623 to 11423. Out of that, candidatures of 101 candidates were rejected and the applications of 700 candidates were considered for physical measurement test and call letters were sent to them fixing the date of such physical measurement test as 16th June, 2009. It is contended that the petitioner's name appeared in the said list of 700 candidates who were informed about the date of physical measurement test by sending the post card which was supplied by the candidate concerned at the time of filing the application by annexing the same with the application. However, Mr. Das failed to satisfy this Court by producing any register and/or document regarding posting of the post cards in the post office. From the preliminary screening list of different applications as filed by the respective candidates which has been produced by the learned Advocate, Mr. Das, it appears that the writ petitioner mentioned his physical measurement as follows:-