Sutapa Chowdhury Bit v. State Of West Bengal And ORS.

15.07.2024 Ct. 23 D/L 8 ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 11814 of 2024 Sutapa Chowdhury Bit -VsThe State of West Bengal & Ors.

Mr. Tarunjyoti Tiwari ... for the petitioner Mr. Biswabrata Basu Mallick, Ms. Munmun Ganguly ... for the State Ms. Piyali Sengupta, Mr. Souvik Ghosh ... for the PSC Affidavit of service filed in Court today is taken on record.

The petitioner has challenged a selection process conducted by the Public Service Commission, West Bengal for appointment of Supervisor (Female only) in Integrated Child Development Service (ICDS), 2019. Although the petitioner says that the selection process is tainted with arbitrariness and there has been a "change in the rule of game" but at the end says that the appointment is in respect of a civil post under the State. On repeated enquiry, learned advocate for the petitioner is of the view that it is a civil post under the

State and not an engagement in a project under the State on a temporary basis.

In view of such submission that the Supervisor (Female only) of ICDS, 2019 is a civil post under the State it is, therefore, covered by the provisions of Section 15(1)(a) of the Administrate Tribunals Act, 1985.

The writ petition is dismissed as withdrawn with liberty to approach the appropriate forum if otherwise permissible in law. The time spent between 24th April, 2024 and 15th July, 2024 should be treated as the time spent by the petitioner in proceeding bona fide before a Court without jurisdiction.

(Arindam Mukherjee, J.)