In this writ petition, the petitioner challenged the selection process for Sub-Inspector of Police. The Court dismissed the petition, holding that it was a personal grievance and not a maintainable PIL.
Petitioner given liberty to raise grievance by filing a proper petition in the appropriate forum.
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November 30, 2021 Item No. 23 Court No.1 SG/s.biswas
WPA 17963 of 2019
Rajiv Ghosh
vs.
The State of West Bengal and others
(Through Video Conference)
Mr. Dilip Samanta,
Mr. Biswapriya Samanta, Advocates
… for the petitioner
Mr. Anirban Ray, ld. Govt. Pleader Mr. Raja Saha, Mr. Pinaki Dhol, Mr. Nilotpal Chatterjee, Advocates
… for the State
Having heard the learned counsel for the petitioner and on perusal of the record, we find that the petitioner is raising his personal grievance in this PIL. The record reflects that the petitioner was one of the applicant candidates for selection to the post of Sub-Inspector of Police (Unarmed Branch). The petitioner had appeared and qualified the preliminary written examination and was called for Physical Measurement Test (PMT) and Physical Efficiency Test (PET). He had participated in that also and thereafter the final written examination was held and according to the petitioner, he had done extremely well in that examination, but thereafter he had not received the communication. The entire chain of events so narrated reveals that the petitioner is raising his personal grievance in this petition. That apart, a PIL in service matter of such a nature cannot be maintained.
Hence, we dismiss this petition with liberty to the petitioner to raise his grievance before the appropriate
2
WPA 17963 of 2019
forum/Court by filing a proper petition in accordance
with law.
Accordingly, WPA 17963 of 2019 is dismissed.
[Prakash Shrivastava, C.J.]
[Rajarshi Bharadwaj, J.]
2 issues framed by the court
Whether a petitioner's personal grievance regarding a selection process can be entertained as a Public Interest Litigation.
Whether a PIL is maintainable in matters arising from an individual's failure to receive communication after clearing the preliminary examination.
Rajiv Ghosh
The State of West Bengal
Prakash Shrivastava
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
