- (1.) THIS bunch of petitions arises from the order passed by the West Bengal Administrative Tribunal on 11 th July, 2006. It is a common order passed in about 538 original applications. By the impugned order all the applications were dismissed by the Tribunal. Before we proceed further, we must note that some of the applicants, who were aggrieved by the order which is impugned in the present petitions, had filed writ petitions before this Court. Those writ petitions were decided by a Division Bench of this Court (K. J. Sengupta and Mrinal Kanti Sinha, JJ) on December 5, 2007. The Division Bench allowed some petitions while dismissing others on the issue of limitation. Both the State of West Bengal and the aggrieved petitioners approached the Supreme Court by preferring special leave petitions. The Supreme Court has dismissed those special leave petitions as it found no merit in them. Review petitions were preferred before the Supreme Court, which were also dismissed.
(2.) THE question of law which has arisen before us is whether the Commissioner of Police, Calcutta could by a notification introduce certain tests for the purpose of short-listing candidates for recruitment to the Calcutta Police. (We are using the nomenclature Calcutta instead of Kolkata as the city had not been renamed at the relevant point of time.) Recruitment for the Calcutta Police was based on rules which were framed initially in 1962. Those rules were framed in consonance with the Calcutta Police Act, 1866 and the Calcutta Suburban Police Act, 1866 and were named as Calcutta and Suburban Police (Subordinate Ranks Recruitment, Conditions of Service and Discipline) Rules, 1962 (in short Rules of 1962). In exercise of the powers conferred under the aforesaid Acts the Governor amended the schedule to the Rules of 1962 on 3 rd June, 1967. By the amendment, special powers were vested in the Commissioner of Police to relax the physical measurements required by candidates to be appointed in the constabulary of the Calcutta Police. The Police Regulations of Calcutta were framed in 1968 (for short the PRC).The Rules of 1962 as amended in 1967 were incorporated in these regulations. Under these regulations, persons were to be recruited to the post of 'Constable ' by direct selection. The necessary qualifications for the candidates for the post of Constables and Sepoys was that (1) they should be strong and healthy young men aged between 18 and 25 years; (2) they were preferably able to read and write in the vernacular and (3) they had the minimum measurements with respect to the height, chest and weight as stipulated, depending on the class of the applicants and the tribe to which they belonged. The Commissioner was conferred the power to relax the physical standard with respect to the height and chest measurements in exceptional circumstances, for special reasons to be recorded in writing. The Commissioner of Police, Calcutta issued a notification on 4 th July, 1994 which was published in the Calcutta Police Gazette, stipulating that in order to test the health and strength of the candidates for the post of constable a physical efficiency test should be held. This test consisted of a sprint of 100 metres, a run of 800 meters and a long jump for which the time and the distance, respectively were stipulated. Besides this, it was directed that an interview of 100 marks should be held with 50 marks being allotted for reading and writing in the vernacular and in English and 50 marks for general knowledge and current affairs. All the petitioners contend that the introduction of the physical efficiency test and the interview is illegal and in breach of the PRC. They contend that the Commissioner of Police had no power to amend the rules of recruitment which had been framed under Article 309 of the Constitution of India and in consonance with the acts governing the Calcutta Police. On the other hand, it is the contention of the State Government that introduction of these tests was only with a view to short-list the candidates as thousands apply for the post of constable. According to the State by the incorporation of the aforesaid criteria all possible nepotism, favouritism and mal practices during the recruitment process would be eliminated.
(3.) THE petitioners had applied for recruitment as Constables in the Calcutta Police in the various recruitment drives which have been undertaken from 1990 till 2003. Since they had all been rejected, having either failed in the physical efficiency test, the interview or the requisite physical measurements, they approached the West Bengal Administrative Tribunal by preferring original applications. The Tribunal has dismissed those applications on two counts, namely, (i) the applications were barred by limitation, and (ii) the introduction of tests for the purpose of short-listing of candidates was not illegal in view of the various provisions of the aforesaid Acts and the power conferred on the Commissioner of Police, Calcutta. We have been informed that several other candidates, who were aggrieved by the method of recruitment adopted by the State Government on the introduction of the physical efficiency test and an interview, have challenged the mode of recruitment before the Tribunal. Many applications have been dismissed by the Tribunal while others were allowed. Several writ petitions were filed by the aggrieved parties which have already been decided by this Court.;