Ajit Kumar Sengupta, J. - (1.) The grievance of the petitioners, 55 in number, is that although their names have been sponsored by the Employment Exchange for recruitment to the post of Police Constable and although they have fulfilled the conditions laid down in Police Regulation for such recruitment the respondents have excluded them from the select list and purported to select 98 candidates in violation of the procedure prescribed in the Police Regulation of Bengal.
(2.) The facts briefly stated are that the petitioners were sponsored by the Employment Exchange for recruitment in the posts of Constable in the District of North 24 Parganas on the basis of the requisition of the Superintendent of Police, North 24 Parganas. The Superintendent of Police specified that only those candidates who are between 18 - 25 years as on 31st December, 1987 having height of 5'6" and weight 54 1/2 kgs. and chest measurement 31" to 32" and who have read upto class VIII shall only be eligible for appointment in the posts of Constable. All the different Employment Exchanges within District of North 24 Parganas directed the eligible candidates to appear for physical measurement before the Superintendent of Police, North 24 Parganas. Apart from the candidates sponsored by the Employment Exchange, 21 persons also appeared before the Superintendent of Police, North 24 Parganas for physical measurement. About 756 candidates including the petitioners appeared for physical measurement test. About 420 candidates including the petitioners were found eligible on physical measurement test. Thereafter the candidates who passed the physical measurement test had to appear at the physical fitness test. According to the petitioners out of 420 candidates 210 were successful in physical fitness test including the petitioners. According to the petitioner all of them have fulfilled the requisite qualification under the Police Regulation and many of them are graduate and have better physical measurement. 210 candidates including the petitioners were finally selected for recruitment and they were asked to appear at the interview and after the interview 98 persons had been selected excluding the petitioners. It is alleged that this 98 candidates who have been selected are the choice of the Superintendent of Police and it was done in violation of the Police Regulation Bengal.
(3.) An affidavit has been filed on behalf of the respondents affirmed by the Superintendent of Police. In the said affidavit it has been stated that every year an intimation is sent from the West Bengal Police Directorate of the Superintendent of Police of different Districts intimating the vacancies in the post of constables in respect of each Districts. On receipt of such intimation of such vacancies, the Office of the Superintendent of Police of different Districts thereafter intimate such vacancies to the Commissioner of Employment Exchange in Cal. with a request for forwarding the names of candidates registered with the Employment Exchange for recruitment as Constable in such vacancies. The Commissioner of Employment Exchange in turn forward such intimation to the different District Employment Exchanges and thereafter the different Employment Exchanges forward the names of such candidates to the Superintendent of Police of his District in the ratio of 1 : 10 for recruitment in such vacancies in the post of Constable.;