Calcutta High Court: In a writ petition concerning the functioning and delay in filling the vacancies within the Public Service Commission which resulted in significant prejudice to numerous candidates seeking public employment throughout the State, a division bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J., directed the State of West Bengal to commence the process of filling vacancies within the Public Service Commission and to provide an update on the progress at the next hearing.
The Court noted that as per the Advocate General representing the State the Chairman of the Public Service Commission has been appointed and had assumed office. The Court observed that the failure to fill vacancies within the Public Service Commission at the appropriate time had adversely affected numerous candidates seeking public employment in the State. Citing T.K.S. Elangovan v. State of T.N., 2016 SCC OnLine Mad 33351, the Court emphasised on the importance of appointing highly qualified and competent individuals to the Public Service Commission. The Court asserted that the Chairman and members of the Public Service Commission should possess integrity and competence to inspire confidence in the public regarding the objectivity and impartiality of the selection process. The Court emphasised that “the framers of the Constitution not only armed the Chairman and the members of the P.S.C. with enhanced powers and increased functions, but also provided security of tenure to them stating that they were in a position of “constitutional 2 trustee”. The faith of the public and the confidence of such members was thus backbone of the system.”
The Court noted the critical importance of promptly filling vacancies in the Public Service Commission to ensure efficient governance and uphold the principles of fair selection, directed the State to commence the process of selecting suitable candidates to fill the vacancies within the Public Service Commission. The Court instructed the State to consider the observations made by the Supreme Court in T.K.S. Elangovan case (Supra) and file an action taken report on the progress of the matter by the next hearing date. The Court listed the matter for further consideration on 09-05-2024, during which the Court would address other issues raised in the writ petition.
[Ram Chandra Bhattacharjee v. State of W.B., 2024 SCC OnLine Cal 2763, order dated 19-03-2024]
Advocates who appeared in this case :
Mr. Samim Ahammed and Ms. Gulsanwara Pervin, Counsel for the petitioners
Mr. Kishore Dutta, ld. A.G., Mr. Rudranil De and Mr. Sirsanya Bandopadhyay, Counsel for the Respondent/State
Mr. Pradip Kumar Roy and Mr. Joydeep Roy, Counsel for the PSC
Mr. Amales Roy and Ms. Mousumi Bhowa, Counsel for the Respondent 8 (in WPA 7847 of 2018)
