KALIRAM MAHATA AND ORS. Vs. STATE OF WEST BENGAL
LAWS(CAL)-2014-5-92
HIGH COURT OF CALCUTTA
Decided on May 15,2014

Kaliram Mahata And Ors. Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) The Petitioners in all these Writ Petitions had applied for selection to the post of Junior Constables with the West Bengal Police. The Petitioners claim that they belong to the "Kurmi" community which has been categorized as O.B.C. 'B'. The Petitioners in all these writ petitions participated in the selection process. However, they were found to be unsuccessful. They, therefore, challenged the selection process before the West Bengal Administrative Tribunal by filing separate Original applications, being O.A. Nos. 687 of 2013 (WPST 93 of 2014), 684 of 2013 (WPST 94 of 2014), 685 of 2013 (WPST No. 95 of 2014), 690 of 2013 (WPST No. 96 of 2014), 686 of 2013 (WPST No. 97 of 2014), 694 of 2013 (WPST No. 98 of 2014) and O.A. No. 691 of 2013 (WPST No. 99 of 2014). The contention raised by the Petitioners before the Tribunal and before us is that the Government has not observed the Reservation Policy in accordance with law. According to the Petitioner, when the advertisement did not specify any split in the O.B.C. Category into the candidates for O.B.C.'A' and O.B.C.'B', the question of filling up posts in this manner did not arise. It is further submitted that since no reservations were made for Ex-servicemen and Exempted Category candidates, there is a clear deviation in the selection and recruitment process.
(2.) Before we proceed with these petitions, it is necessary to state here that although the Petitioners in all these petitions had approached the Tribunal after the selection process was over and appointments had been made, none of the persons, who were appointed, have been made parties to the respective applications. Therefore, those persons are not before us either.
(3.) The submission of the Petitioners that there could not be a split in the O.B.C. Category, is of no consequence as there is a notification issued indicating that the vacancies should be filled in by reserving 10% candidates for the O.B.C.'A' category and 7% for the O.B.C.'B' category. Therefore, the contention that there cannot be a split in the O.B.C. Category is unsustainable.;


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