- (1.) This petition relates to the continuance of Respondent Nos.6 and 7 as members of the Public Service Commission (hereinafter referred to as the 'Commission'). The allegation in the petition is that neither of them have the qualifications stipulated under Article 316 of the Constitution of India and, therefore, this Court should stop all recruitments which are scheduled to be held in terms of the West Bengal Staff Selection Commission Act, 2011.
(2.) The learned Counsel for the Petitioners, who are retired employees of the Commission, submits that Respondent No.6 does not have the qualifications stipulated under the proviso to Article 316 of the Constitution of India. Besides this, there is a slur on his character, as this Court in different decisions has found that he had "cleverly" suppressed facts and "misled" the Court.
(3.) In view of these submissions, in our view, the petition deserves to be heard and, it is, therefore, admitted. However, the issue regarding maintainability of this petition is kept open to be decided at the final hearing.;