WEST BENGAL COURT EMPLOYEES ASSOCIATION Vs. STATE OF WEST BENGAL
LAWS(CAL)-2017-4-16
HIGH COURT OF CALCUTTA
Decided on April 06,2017

West Bengal Court Employees Association Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SAMBUDDHA CHAKRABARTI, J. - (1.) This writ petition is directed against the selection process of certain classes of employees belonging to various categories in the City Civil Court at Calcutta. The petitioners have specifically assailed a notice dated August 22, 2016 as well as an order dated January 20, 2017 both issued by the Chief Judge, City Civil Court at Calcutta. By the first notice the dates of written examination was notified and by the second order the successful candidates in the written examination were called to appear at the computer proficiency and personality tests on the date mentioned against their names. One of the principal prayers in the writ petition is for a direction upon the respondents to produce the records including the question-cum-answer sheets, attendance registers etc. in respect of the candidates before this court and a reassessment through a special officer to be appointed by this court.
(2.) Initially there were six petitioners. The first two were the West Bengal Court Employees' Association and its Working President. The other four petitioners were the candidates at the examination. In response to the query of the court if the two sets of writ petitioners could be clubbed together to maintain the writ petition, Mr. Bhattacharya, the learned Senior Counsel, appearing for the petitioners, readily agreed to the observation made by the court and submitted that the names of the petitioner nos. 3 to 6 might be expunged from the array of the petitioners.
(3.) If the petitioners had exercised their option of expunging the names of the petitioner nos. 1 and 2 there might not have been any issue about the maintainability of the writ petition at the instance of the other four petitioners who were the applicants for the selection process. After expunging the names of original petitioners nos. 3 to 6 the two petitioners who remained are West Bengal Court Employees' Association ('the Association' for short) and Sri Manab Majumder, its Working President. Immediately after the petitioners exercised their option of expunging the names of the actual candidates the question cropped up for consideration was whether the writ petition at the instance of the Association and its President is maintainable with the allegations as contained in the petition.;


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