ANIRUDDHA BOSE,J. - (1.) In this reference, the controversy relates to recruitment in four hundred vacant posts in the rank of direct sub -inspectors of police in West Bengal. Recruitment to such posts, under ordinary circumstances is guided by Rules made in exercise of power under Article 309 of the Constitution by the State Government in terms of a Notification dated 12th December 2001, bearing No.8078 -PL (the 2001 Rules). These Rules prescribe the method of and the qualification required for the recruitment to the posts of Sub -Inspector (unarmed), Sub -Inspector, Sergeant in Kolkata Police. As per the said Rules, 40% of the posts (both permanent and temporary) are to be filled up by selection through a process of direct recruitment to be conducted by the State Public Service Commission. The rest 60% thereof are required to be filled up by promotion. The dispute in this reference is in relation to vacant posts which were required to be filled up through direct recruitment. On the strength of an Order issued by the Home Department, Police Establishment Branch, Government of West Bengal bearing No. 2964 -PL/3P -11/14 dated 14th October 2014, (the 2014 Order), the authorities sought to fill up 400 vacant posts citing urgent need, through a limited departmental examination. The Constables and Assistant Sub -Inspectors of Police were eligible to participate in this special selection process, subject to fulfilling certain qualification criteria contained in the 2014 Order, for which the Governor had accorded his approval. The 2001 Rules were not amended for this purpose, but Para 2 of the 2014 Order stipulated: - "The rules regulating the recruitment of the Sub -Inspector of Police (UB/AB) in the West Bengal Police published vide Notification No.8078 -PL dated 12.12.01 will be amended in due course."
(2.) The selection process under the 2014 Order was completed, but four unsuccessful candidates approached the State Administrative Tribunal by filing an application under Section 19 of the Administrative Tribunals Act, 1985 questioning their elimination from the selection process. The 2001 Rules prescribed certain physical standards in terms of height, weight, vision and chest measurement for those applying for direct recruitment, while there was no such prescription for departmental candidates. The 2014 Order, however, made fulfilment of these physical qualification standards prescribed in the 2001 Rules mandatory. The respondents were eliminated from the selection process for not meeting some of these physical criteria. Before the learned Tribunal, their complaint was founded on discrimination in application of the physical standards from the 2001 Rules on them. They claimed that having already been appointed as Constables, fresh requirement of meeting the physical eligibility standard in their cases was illegal. They also questioned distinction made between "Hill men" of Darjeeling district for whom there are certain relaxations in physical norms, and the rest of the candidates. The learned Tribunal, by an order passed on 3rd March 2016 was pleased to set aside the entire recruitment process, holding, inter alia: - "The method applied by the Authorities for Limited Departmental Examination to be conducted by the W.B.P.R.B., in our opinion is not in consonance with relevant Rules contained in the said Notification setting out the method of Recruitment in respect of Sub Inspectors in the Armed and Unarmed Branch. As such, the whole process adopted by the Authorities by conducting Limited Departmental Examination without amending the Rules regulating the recruitment of Sub Inspector of Police of both Armed and Unarmed Police in the West Bengal Police Force cannot be approved and accordingly, the said process is quashed. As we have found that the Limited Departmental Examination conducted by the Authorities falls foul of the said Notification we had set aside the whole process. Necessarily it follows that any appointment made in terms of the Advertisement for recruitment for the post of Sub Inspector in the West Bengal Police both in Armed and Unarmed branch through Limited Departmental Examination stands set aside. The Application is accordingly disposed of. Let urgent Plain copy of this Order be made available for necessary communication."
(3.) This order was challenged by the State before this Court by filing the present writ petition. A Division Bench of this Court admitted the petition, but there was difference of opinion on the point of grant of interim order between the learned Presiding Judge and the learned Companion Judge. The learned Presiding Judge found that the State had an arguable case and opined that the impugned order of the Tribunal ought to be stayed, considering the fact that about 379 candidates had already been selected and there was urgent need to fill up the vacancies. The learned Presiding Judge considered the fact that the selected candidates were on the verge of completing training. In the opinion of the learned Presiding Judge of the Bench, if the impugned order was not stayed, the writ petition would have been rendered infructuous. The learned Companion Judge, however, was of the opinion that the order of the learned Tribunal ought not to be stayed as an interim measure. His Lordship was of opinion that the learned Tribunal had rightly set aside the selection process as the same was not in accordance with law and the 2014 Order did not have force of law.;