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1995 DIGILAW 188 (CAL)

Shyamal Roy v. Government of West Bengal

1995-06-06

Altamas Kabir

body1995
JUDGMENT Altamas Kabir, J.: Despite repeated opportunities given to the learned counsel for the State to produce a Circular, said to have been issued, modifying the manner in which the written test for recruitment to the post of Sub-Inspector of Police (Un-armed Branch) was to be conducted, no such circular has been produced and the learned counsel for the State is also not present, when the matter is taken up for hearing. 2. This matter has been adjourned from time to time for the aforesaid purpose and cannot be allowed to drag on any further. 3. The petitioner claims to have applied for recruitment to the aforesaid post through the Employment Exchange and he also appeared at the written examination, after being found eligible on physical examination on 12th September, 1993. 4. The challenge in the instant writ application is the manner in which the paper was set for the written examination in violation of the provisions of Regulation 741 of the Police Regulation of Bengal, 1943. 5. As pointed out by the learned counsel appearing for the petitioner, Regulation 741 provides the manner in which the qualifying written examination was to be held. The said Regulation provides for a candidate to sit for three different groups in the written qualifying examinations. Group ‘A’ provides for translation of a passage in Bengali/Gurkhali into English, for which a total of 50 marks have been allotted. The said Group also provides for translation of a passage in English into Bengali/Gurkhali, for which also, 50 marks have been allotted. Group 'B' provides for writing an Essay in English, for which 100 marks have been allotted and Group 'C' provides for General Knowledge, for which also 100 marks have been allotted. 6. According to Mr. Bhattacharjee, learned counsel, appearing fur the petitioner, there was a complete deviation in the setting of papers as far as Groups ‘A’ and ‘B’ is concerned in respect of recruitment of Sub-Inspector in the Un-armed Branch in the West Bengal Police in 1993. Referring to the question paper, which has been made Annexure 'F' to the writ petition, Mr. Bhattacharjee, learned counsel, appearing fur the petitioner, there was a complete deviation in the setting of papers as far as Groups ‘A’ and ‘B’ is concerned in respect of recruitment of Sub-Inspector in the Un-armed Branch in the West Bengal Police in 1993. Referring to the question paper, which has been made Annexure 'F' to the writ petition, Mr. Bhattacharjee points out that for translation of a passage from Bengali/Gurkhali into English and from English into Bengali/Gurkhali, 35 marks have been allotted for each of the said translations and 30 marks have been allotted for a precis which was not contemplated in the mode of the written test fro Group ‘A’. As far as Group ‘B’ is concerned, Mr. Bhattacharjee pointed out that while for Essay in English, 70 marks have been allotted, there was a deviation from the method as prescribed in the Regulation 741 of the Police Regulation of Bengal and 30 marks were allotted for Grammar, which was not contemplated in the said Regulation. 7. Mr. Bhattacharjee submitted that in view of the change in the question papers in the qualifying examination for Group 'A' and Group 'B', the petitioner has been seriously prejudiced and the said examination and recruitments made on the basis thereof, should not be given effect to. 8. It was Miss Lila Chowdhury's submission that the change in the question papers had been effected on the basis of a circular, which was issued by the State Government, but as mentioned hereinbefore, she has failed to produce the same inspite of repeated chances being given to her to do so. 9. Unfortunately, almost two years have elapsed since the examination was held and recruitments on the basis of the said examination must have already been made during the pendency of the writ proceeding in this Court. It would not, therefore, be proper to unsettle the position after such a long interval, particularly when, those recruited are not parties to the writ application. However, when the writ petition was initially moved on 4th March, 1994, an interim order was passed to the effect that the respondents were directed to keep one post vacant in the general category until further orders. 10. However, when the writ petition was initially moved on 4th March, 1994, an interim order was passed to the effect that the respondents were directed to keep one post vacant in the general category until further orders. 10. In that view of the matter, the respondents are directed to reconsider the petitioner's case for recruitment on the basis of the examination held in 1993, if necessary, by allowing the petitioner to appear for a supplementary qualifying examination in keeping with the provisions of Regulation 741 of the Police Regulations of Bengal, 1943, within a period of one month from the date of communication of this order and if the petitioner is found suitable the respondent shall absorb him in the post kept vacant in terms of the order of 4th March, 1994. 11. The writ application is thus disposed of. 12. There will be no order as to costs. 13. Having regard to the nature of the order passed, let a plain copy of this order, duly countersigned by the Assistant Registrar (Court), be made over to the learned Advocate for the petitioner for communication. Application disposed of.