State of West Bengal & Anr v. Basudev Das & Ors

Supreme Court of India · 04 Dec 2017
Kurian Joseph; Amitava Roy
Civil Appeal No. 20835-20836 of 2017
administrative appeal_allowed

AI Summary

The Supreme Court stayed orders setting aside a police recruitment process on height discrimination grounds and directed the High Court to expeditiously dispose of the writ petition challenging the selection.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 20835-20836 OF 2017
[@ SPECIAL LEAVE PETITION (C) NOS. 4502-4503 OF 2017]
STATE OF WEST BENGAL & ANR. Appellant (s)
VERSUS
BASUDEV DAS & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 20839-20840 OF 2017
[@ SPECIAL LEAVE PETITION (C) NOS. 4494-4495 OF 2017]
WITH
CIVIL APPEAL NO. 20837-20838 OF 2017
[@ SPECIAL LEAVE PETITION (C) NOS. 4499-4500 OF 2017]
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellants are before this Court aggrieved by an interim order passed by the High Court in W.P.S.T. No. 52 of 2016. The issue pertains to the selection and appointment of Sub-Inspectors in the State of West Bengal through the Limited Departmental Competitive Examination route.

3. It appears that a few candidates approached the Tribunal with certain grievances regarding discrimination with regard to the height. The Tribunal set aside the entire selection process. That was challenged before the High Court by the State. The High Court declined to grant stay and hence, the appellants are before this Court.

4. When the matter came up before this Court, on 03.02.2017, this Court stayed the impugned order passed by the Tribunal as well as the orders of the High Court.

5. After having heard the learned counsel on both sides, we are of the view that it is in the interest of all concerned that the High Court disposes of the writ petition expeditiously. Accordingly, these appeals are disposed of with a request to the High Court to dispose of W.P.S.T. No. 52 of 2016 expeditiously and preferably within a period of six months from today. The interim order passed by this Court shall continue till the writ petition is disposed of.

6. We do not pass any orders on the application for impleadment. We permit the applicant(s) to get himself/themselves impleaded before the High Court ........................ J. [ KURIAN JOSEPH ] ....................... J. [ AMITAVA ROY ] New Delhi; December 04, 2017. ITEM NO.54 COURT NO.5

SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 4502-4503/2017 (Arising out of impugned final judgment and order dated 09-09-2016 in WPST No. 52/2016 08-04-2016 in WPST No. 52/2016 passed by the High Court At Calcutta)

VERSUS

BASUDEV DAS & ORS. Respondent(s) WITH SLP(C) No. 4494-4495/2017 (XVI) SLP(C) No. 4499-4500/2017 (XVI) Date: 04-12-2017 These petitions were called on for hearing today. CORAM: HON'BLE MR.

JUSTICE KURIAN JOSEPH HON'BLE MR.

JUSTICE AMITAVA ROY For Petitioner(s) Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Pijush K. Roy, Adv. Ms. Kakali Roy, Adv. Mr. Rajan K. Chourasia, Adv. Mr. Soumitra G. Chaudhuri, Adv. Mr. Chanchal Kumar Ganguli, AOR Mr. Parijat Sinha, AOR For Respondent(s) Mr. Vikas Mahajan, Adv. Mr. D. N. Ray, Adv. Mr. Sankha Ghosh, Adv. Mr. Joydip Roy, Adv. Mr. Vinod Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The civil appeals are disposed of in terms of the signed non-reportable Judgment. Pending Interlocutory Applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN)