Calcutta High Court (Appellete Side)
Rahul Deb Lahiri vs Ar The State Of West Bengal & Ors on 16 October, 2023
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17 16.10.2023 FMA 625 of 2023
Ct-08 with
I.A No. CAN 2 of 2022
Rahul Deb Lahiri
Vs.
ar The State of West Bengal & Ors.
Mr. S. S. Sarkar
Ms. Indrani Chakraborty
Ms. SardaSha
... For the Appellant
Dr. Sutanu Kumar Patra
Ms. Supriya Dubey
... For the WBCSSC
1. We have heard the learned counsel appearing
for the parties.
2. The selection process which was initiated by
the West Bengal Central School Service
Commission in the year 2010 is now under
consideration. In view of the allegation made by
the appellant that by reason of manipulation of
marks one Biswajit Biswas was given appointment
for the post of Clerk under general category.
3. The appellant/writ petitioner relied upon a
document appearing at page 17 of the stay
application, annexure-B, to show that total marks
obtained by the petitioner is more than the marks
obtained by Biswajit Biswas. The petitioner has
also referred to final result of Clerk and Group-D
staff under 1st RLST(NT), 2010 appearing at page
16 of the stay application, annexure-A, which
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shows that total marks obtained by the petitioner
was 31.34. Before the learned Single Judge the
result relating to the selection process for
appointment for the post of Clerk relevant to the
issue was produced. In addition to the aforesaid,
information disclosed under the R.T.I Act was also
considered by the learned Single Judge. From the
copy of the relevant record that was produced
before the learned Single Judge it appears that
Biswajit Biswas was awarded 8.47 marks in
computer typing and computer proficiency test.
4. In the affidavit-in-opposition filed by the
respondent nos. 2,3 and 4 the aforesaid fact is
reiterated in sub-paragraph (d) of paragraph 4. The said paragraph reads as follows:-
"It is most respectfully submitted that as per the original records of the Commission which were produced in court in course of the hearing of the Writ Application it is clear that the said Biswajit Biswas hae secured 8.47 marks in computer tying and computer proficiency and had a total of 41.47 marks while the Writ Petitioner/Appellant had 6.84 marks in computer tying and computer proficiency and a total of 41.34 marks which is lesser than the said Biswajit Biswas. Accordingly, the said Biswajit Biswas was correctly given the individual rank in the waiting list of MF1 - 1 while the Writ Petitioner/Appellant was given the individual 3 rank in the waiting list of MF1-2."
5. Dr. Sutanu Kumar Patra, learned counsel representing the Central School Service Commission, has referred to a document, appearing at page 8 of the affidavit-in-opposition filed by the Commission, which is the computer generated print out from the soft copy regarding the final waitlisted panel report for the post of non-teaching staff 1st RLST(NT)2010. It is submitted by Dr. Patra that the panel was prepared contemporaneously and thereafter two more panels were prepared. Moreover, the selection process relates to selection process of 2010.
6. On such consideration, we do not find any reason to interfere with the order passed by the learned Single Judge.
7. The appeal fails.
8. In view of the aforesaid, the appeal being FMA 625 of 2023 stands dismissed.
9. In view of the dismissal of the appeal, nothing remains to be decided in the application for stay being CAN 2 of 2022 and the same is accordingly dismissed.
10. However, there shall be no order as to costs.
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11. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Uday Kumar, J.) (Soumen Sen, J.)