← Library
Calcutta High CourtWPA/8116/2023disposed

Tarak Chandra Das v. State Of West Bengal And ORS.

2023-08-08Hon'Ble Justice Lapita Banerji3 pages

08.08.2023 IN THE HIGH COURT AT CALCUTTA DL-81 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 8116 of 2023 (Assigned) Tarak Chandra Das Vs.

The State of West Bengal & Ors.

Mr. Sumanta Chakraborty ....for the petitioner.

Mr. Partha Sarathi Bhattacharya, Sr. Adv., Mr. Arindam Sen, Ms. Rinku Sen, Mr. Sagnik Bhattacharya ....for the respondent nos.3 to 6.

Mr. Jayanta Samanta, Mr. Jaydip Basu ....for the State.

The petitioner participated for engagement to the post of Chief Legal Aid Defence Counsel, North 24Parganas pursuant to an advertisement dated August 25, 2022. The petitioner's written test was held and also the interview was held. However, no result was published pursuant to the said recruitment notification.

Thereafter, a second recruitment notification was published on March 1, 2023 for engagement of Chief Legal Aid Defence Counsel. The petitioner again participated in the said recruitment process. After participating in the second recruitment process the authorities published the results of the 1st recruitment process by a back dated notice dated

March 1, 2023 hung up on the Notice Board on March 13, 2023.

The petitioner's grievance today is that despite being the first empanelled candidate in the first recruitment process the petitioner was not engaged. The petitioner was also not informed why the engagement did not take place. The petitioner is still now unaware of the result of the second recruitment process held pursuant to the notification dated March 1, 2023 for engagement of Chief Legal Aid Defence Counsel.

In view of the submissions made by the parties and the materials placed on record, this Court directs the results of the recruitment process pursuant to the notification dated March 1, 2023 regarding the results of the candidates appearing for engagement as Chief Legal Aid Defence Counsel to be published within a period of 4 weeks from date.

In the event the petitioner is found to be the first empanelled candidate in the second recruitment process, the petitioner will be engaged in the post of Chief Legal Aid Defence Counsel, North 24-Parganas, upon compliance of all necessary formalities. With the directions aforesaid, WPA 8116 of 2023 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)