Kolkata, Jun 18 An employees' organisation on Thursday moved the Calcutta High Court challenging the state's chief secretary's authority in calling for mandatory participation in the World Yoga Day celebration on June 21.
Justice Amrita Sinha, before whom the matter was taken up for hearing, verbally said the programme concerns people's health and that the government would not want its employees to remain unhealthy.
The court directed that the matter will be taken up for hearing again on Friday, when the state's lawyer will come up with written instructions from the government on the issue.
During the hearing of the matter, petitioner's advocate Bikash Ranjan Bhattacharya stated that there are many international days, starting from Language Day, Women's Day, Mother's Day, and Human Rights Day, at which Justice Sinha quipped, "Why did you stop? You should have mentioned Valentine's Day."
As laughter ensued across the courtroom, Bhattacharya replied that he had forgotten that particular day.
Claiming that a memo issued by West Bengal's chief secretary calling for mandatory participation in the celebration by all employees, the State Coordination Committee of West Bengal Government Employees, a Left-leaning organisation, challenged his authority to issue the directive.
Appearing for the petitioners, senior advocate Bhattacharya stated that the chief secretary directed all state government employees, permanent and temporary, to participate mandatorily in the programme on June 21.
Pointing to a communication from the state's chief secretary regarding registration on the Yoga Sangam portal for the International Day of Yoga, Bhattacharya stated before the court that he was challenging the "foundational jurisdiction" of the chief secretary to issue the directive.
Additional Advocate General Billwadal Bhattacharya, representing the West Bengal government, stated before the court that this programme is by the United Nations General Council, which India is leading from Kolkata with the participation of Prime Minister Narendra Modi.
The AAG said the options for the employees to join the programme include designated venues, as well as from their place of stay, and asked how that could be considered mandatory.
Stating that in 2025, Andhra Pradesh, which was the lead state for holding the Yoga Day, had created a record of participation, the AAG said, "West Bengal is trying to create a new record."
Andhra Pradesh Chief Minister N Chandrababu Naidu had said last year that 3.03 lakh people created a world record for the most people performing Yoga in a single location.
The court said that it is a programme for the health of the employees.
Justice Sinha said the communication calls for participation if nominated, asking where the question of mandatory participation arises.
She said that it calls for the widest possible participation.
The AAG stated that the programme is the government's message that it is concerned about the health and welfare of the citizens.
The petitioner's lawyer stated that an employee is governed by rules and statutes, and nowhere is it stated that such participation is obligatory.
The matter would be heard again on Friday.
