- (1.) Since both the petitions involved identical question of fact and law these are disposed of by the common judgment and order. FACTS
(2.) The petitioners in both the matters were unsuccessful in the selection process for the post of Constable held by West Bengal Police in 1992. The Bengal Police initiated a selection process in the year 1992 for the post of Constable. The petitioners participated in the said recruitment process and became unsuccessful. They approached this Court by filing writ petitions challenging the selection process. This Court however transferred the said application to the Tribunal after its establishment.
(3.) Challenging the selection process there had been protracted litigations. In T.A. No.695 of 1996, the Tribunal vide judgment and order dated February 6, 1997 considered the grievance of the unsuccessful candidates with regard to holding of physical measurement test as well as interview and ultimately found no substance in the application and dismissed the same. By a judgment and order dated July 30, 1997 the Tribunal dismissed the review application declining to review its own judgment and order dated February 6, 1997. The Division Bench of this Court vide November 5, 1997 in W.P.S.T 290 of 1997 dismissed the petition filed by the applicants before the Tribunal. Another petition being W.P.S.T. 16 of 1997 came up before another Division Bench. The Division Bench observed that the viva voce test was held as per the subsequent notification. Hence, the same was illegal as the new Regulation would not be applicable being not in existence as on the date of initiation of the recruitment process.;