Ajit Ghosh v. State Of West Bengal And ORS.

20.11.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 12161 of 2023 Sri Ajit Ghosh Vs.

The State of West Bengal & Ors.

Mr. Uttam Kumar Bhattacharya ...for the petitioner Mr. Jahar Lal De, Mr. Rudranil De ] ...for the State The grievance of the petitioner is directed against an order dated April 10, 2023 passed by the District Magistrate, Paschim Medinipur, pursuant to an earlier direction of this Court dated December 15, 2022 passed in M.A.T. No. 1568 of 2022.

By the impugned order, the District Magistrate came to the finding that no public notice had been effected and there was no separate score sheet for the members of the interview panel. In any event, in the impugned selection process, the concerned Gram Panchayat has not complied with the order dated May 27, 2005 passed by the authorities. The writ petitioner assails the order of the District Magistrate on the ground that there has been no application of mind by the District Magistrate in passing the impugned order. It is contended that the mode of selection had been

complied with and there was no infraction of any extant law.

The State respondents are represented and submit that the order of the District Magistrate warrants no interference whatsoever and a fresh selection process for the subject posts be ordered. On a plain reading of the impugned order, it is evident that the District Magistrate in passing the same has given adequate and sufficient reasons. There is nothing to demonstrate that the mode of selection in respect of the subject selection process was ever published and the separate score sheet for the members of the interview panel has not been maintained. There has also been no compliance with the notification dated May 27, 2005.

In view of the above, W.P.A. No. 12161 of 2023 stands disposed of by directing the concerned Gram Pradhan, Barkola Gram Panchayat, being the respondent no. 9 herein, to take expeditious steps for engagement of tax collectors in terms of the extant Rules and Regulations.

The above exercise should be carried out expeditiously, preferably within a period of four weeks from the date of communication of this order to the concerned respondent.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)