Prohit Mohan Lal v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA(P)/6/2024 Prohit Mohan Lal Vs.

Union of India and others Mr.P.M. Lal ... Petitioner [in person] Mr. Tulsi Lall ... for the respondent nos.1&2 Mrs. Anjili Nag ... for the respondent no.3 Ms. Shraboni Sarkar ... for the respondent no.5 Mr. Shatadru Chakraborty Mr. Debesh Dwivedi ... for the respondent no.6 November 12, 2024 [SR] Item no. 10 1.

The instant public interest litigation has been filed by a public spirited person and an advocate practicing at Port Blair. 2.

The petitioner is aggrieved that for participation in the West Bengal Judicial Service Examination conducted by the Public Service Commission West Bengal and the examination for direct entry into Higher Judicial Service, candidates from Andaman and Nicobar Islands, which has three districts and sub-divisions are unable to go to the mainland to sit in the examination. The reasons for such inability are both financial and logistical.

3.

There are also serious connectivity issues at two districts other than Port Blair in the islands to be able to travel easily to the State of West Bengal, Kolkata.

4.

The petitioner therefore prays that the Public Service Commission, West Bengal and the High Court should have an

examination centre located at Port Blair to enable candidates from the islands to participate in the aforesaid Judicial Service Examination and for direct recruitment conducted by the High Court.

5.

The counsel for the Public Service Commission, West Bengal submits that they neither have any infrastructure in the Islands nor have any control or authority to identify and locate an examination centre here in Port Blair.

6.

In addition thereto, it is submitted that the Rules of the Public Service Commission for the purpose of recruitment in the West Bengal Judicial Service, do not prescribe any other place than two centres in the State of West Bengal i.e in North Bengal and the city of Kolkata as examination centres. The Rules are framed by the State of West Bengal.

7.

The Public Service Commission has filed an opposition, in essence, contending what has been recorded herein above. 8.

Learned counsel for the High Court Administration and the Union of India submit that the request of the petitioner is fair and just and they have no objection to an examination centre for being located here at Port Blair.

9.

This Court notes that there are a large number of very competent advocates who practice in the three sub-divisional courts in the islands. Such candidates indeed may have both logistic and financial difficulty in going to West Bengal to sit in the examinations. Admittedly the entire judiciary in the Andaman and Nicobar Islands is under the control of the Calcutta High Court which also has a Circuit Bench here at Port Blair.

10.

In view of the above, this Court directs Chief Secretary, Government of West Bengal as also the Principal Secretary, Judicial Department, Government of West Bengal to consider the amendment of Recruitment of Rules of West Bengal Judicial Service Examination as also requests to the Chief Justice of the Calcutta High Court for the purpose of Higher Judicial Service recruitment, to locate an examination centre in Port Blair to enable candidates from the Andaman and Nicobar Islands to participate in the aforesaid examinations from here at Port Blair.

11.

Let such consideration as directed above and a decision be taken for amendment of recruitment rules of the West Bengal Judicial Service Examination within a period of four months from the date of communication of this order. 12.

With the above directions, the writ petitioner is disposed of.

13.

There shall be no order as to costs.

14.

The Registry shall communicate the copy of this order to the Chief Secretary and the Principal Secretary, Judicial Department, Government of West Bengal and the Hon'ble Chief Justice through the Registrar General, High Court, Calcutta. 15.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. ) ( Partha Sarathi Sen, J. )