DEBANGSU BASAK,J. - (1.) The petitioners are successful candidates in a selection process. The petitioners assail an order of the Director of Local Bodies by which the selection process has been declared as null and void.
(2.) Learned Advocate appearing for the petitioners submits that, the impugned order is a product of a direction issued by the writ Court in WP No.12365(W) of 2017 (Sk. Sarafat Ali and Ors. v. The State of West Bengal and Ors.) and W.P. No. 11473(W) of 2017 (Hyder Ali Molla and Ors. v. the State of West Bengal and Ors.) . The impugned order finds that, the two near relatives of the Chairperson of the municipality participated in the selection process. It also finds that, the chairperson of the municipality admitted that, two selected candidates were the near relatives of the chairperson. It also notes that, the municipality had taken a resolution to eliminate those two near relatives from the panel of successful candidates in the selection process.
(3.) Learned Advocate appearing for the petitioner relies upon a decision in the case of State of Rajasthan v. Bhawani and Another reported in (2003) 7 Supreme Court Cases 291 and submits that, where the beneficiaries of the illegality can be weeded out, the entire selection process need not be declared as null and void. Consequently, he submits that, the impugned order cannot be sustained.;