Calcutta High Court (Appellete Side)
Sk Tajan vs The State Of West Bengal & Ors on 6 August, 2024
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
06.08.2024 IN THE HIGH COURT AT CALCUTTA
M.L.18 CONSTITUTIONAL WRIT JURISDICTION
(PP) APPELLATE SIDE
WPA 3432 of 2024
Sk Tajan
Vs.
The State of West Bengal & Ors.
Mr. Sabyasachi Chatterjee,
Mr. Badrul Karim,
Mr. Kiron Sk,
Mr. Sarajit Roy
....for the petitioner.
Mr. Jayanta Samanta,
Mr. Supriya Majumder
....for the State.
Mr. Ranjay De,
Mr. Basabjit Banerjee,
Mr. Adityajit Abel Bolse
....for the respondent nos.2 to 5.
The petitioner says that the petitioner participated in a selection process for appointment in the post of Operation & Maintenance Supervisor- Probationer (Mechanical) West Bengal Power Development Corporation Limited (WBPDCL). The written examination was conducted for total marks of
100. The petitioner obtained 40 out of 100 marks. In the interview, the petitioner obtained 21.25 marks out of the full marks of 50. The petitioner says that he has got qualifying marks for being considered against exempted category being land loser, but for reasons best known to the respondents, the petitioner has not been given appointment. The petitioner also says 2 that in terms of the employment notification there were 14 vacancies in the cadre of Operation & Maintenance Supervisor-Probationer (Mechanical). Out of the said 14 vacancies, 4 were for Unreserved (UR) category, 2 were for UR Exempted Category (EC), 2 for Scheduled Caste (SC) category, 1 for SC (EC) category, 1 for Scheduled Tribe (ST) category, 1 for Other Backward Classes (OBC) (A), 2 for OBC (B) and 1 for UR Meritorious Sports Person (MSP).
The petitioner says that the WBPDCL published a merit list after medical screening test held on 2 nd January, 2021. It will appear from the said list that there were 3 UR category, 1 OBC (B) category and 2 others were SC category. The petitioner further says that the entire vacancies declared were not filled in. The petitioner also says that after making repeated enquiries, the names of the selected candidates were declared, but no appointment has actually been given.
On behalf of WBPDCL, it is submitted that the petitioner applied under OBC (A) category and not under UR (EC). There was only one post for OBC (A) category which has been duly filled up by a candidate who obtained higher marks than that of the petitioner. It, however appears from the employment notification that there is no exempted category in 3 OBC-A and selected candidate is mentioned in the selection list under OBC-A category.
In the aforesaid facts and circumstances, in order to remove the confusion as to the category to which the petitioner belongs, WBPDCL is directed to produce documents, if any, in its custody to enable this Court to form an opinion.
WBPDCL shall produce all relevant documents pertaining to the petitioner which was furnished at the time of participating in the selection process.
Let this matter appear on 12th August, 2024 under the heading "For Orders".
Since this Court is in seisin of the matter, no vacancy pertaining to the post of Operation & Maintenance Supervisor-Probationer (Mechanical), if not filled up as yet, shall not be filled up till 16 th August, 2024 or until further orders, whichever is earlier.
(Arindam Mukherjee, J.)