Calcutta High Court (Appellete Side)
‐ vs ‐ on 20 November, 2017
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
20.11.2017
4
p.d.
W.P.S.T.No.83 of 2017
Sunil Das & Ors.
‐Vs‐
The State of West Bengal & Ors.
With
W.P.S.T. No.84 of 2017
Somnath Dey & Ors.
‐Vs‐
The State of West Bengal & Ors.
With
W.P.S.T. No.107 of 2017
Ashish Ghosh & Anr.
‐Vs‐
The State of West Bengal & Ors.
With
W.P.S.T. No.108 of 2017
Basanta Kumar Dutta & Ors.
‐Vs‐
The State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya, ld. Sr. Advocate,
Mr. Anindya Lahiri,
Ms. Pranati Das ...For the petitioners.
Mr. Kishore Dutta, ld. A.G.,
Ms. Chaitali Bhattacharya,
Mr. Kartik Chandra Kapas ...For the State in
W.P.S.T. 83/17 & W.P.S.T 84/17.
Mr. Kishore Dutta, ld.A.G.,
Mr. Tapan Kumar Mukherjee,ld.A.G.P.,
Mr. Tulshidas Ray ... For the State in W.P.S.T. 107/17.
Ms. Chaitali Bhattacharya,
Mr. Benazir Ahmed ... For the State in W.P.S.T.108/17.
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The writ applications bearing W.P.S.T.No.83 of 2017 and W.P.S.T. No.84 of
2017 are filed by the petitioners against an analogous order dated May 18, 2017
passed in connection with O.A. No.332 of 2017 and O.A. No.333 of 2017 rejecting the
prayer of the petitioners for granting interim order during the pendency of the above
two original applications before the learned Tribunal.
The two other writ applications bearing W.P.S.T.No.107 of 2017 and W.P.S.T.
No.108 of 2017 are filed by the petitioners challenging the order dated July 21, 2017
rejecting the prayer of the petitioners for granting interim order during the pendency
of the above two original applications before the learned Tribunal.
It is submitted by Mr. Bikash Ranjan Bhattacharya, the learned Senior
Advocate appearing on behalf of the petitioners in all the aforesaid four writ
applications that the results in respect of the candidates claiming reservations under
Home Guard/N.V.F. categories in respect of written test or interview have not been
declared by the respondent authority in connection with their selection process and
as a result, there is a possibility of arbitrariness in the decision‐making selection process of Constable (Male) for West Bengal Police, 2015.
Producing the papers relating to relevant information, it is submitted by Mr. Kishore Dutta, the learned Advocate General, West Bengal that the candidature of none of the candidates in the aforesaid writ applications has been considered arbitrarily. In support of his above submission, reliance is placed by him on the 3 information supplied by the Chairman, West Bengal Police Recruitment Board, which are as follows:‐ I) In respect of W.P.S.T. No.83 of 2017‐ " All the 55 petitioners in the instant Writ Petition did not qualify in the Written Test as they scored lesser marks than the cut off marks fixed by the West Bengal Police Recruitment Board in their respective category.
Petitioner no.10, 13 & 27 did not apply as Home Guard in respect of recruitment to the post of Constable (Male) in West Bengal Police, 2015. However, they scored lesser marks than the cut off marks in the Written Test fixed by the West Bengal Police Recruitment Board. I certify that no candidate, who had scored lower than the cut off marks in the Written Test fixed by the West Bengal Police Recruitment Board, was called for the interview. No candidate superseding any of the petitioners were called for Interview.'' II) In respect of W.P.S.T. No.84 of 2017‐ " 150 (one hundred and fifty) petitioners filed the instant Writ Petition. Among them 149 petitioners did not qualify in the Written Test as they scored lesser marks than the cut off marks fixed by the West Bengal Police Recruitment Board in their respective category.
4The candidature in respect of petitioner no.116 was rejected for incomplete data in respect of Question Booklet no. on his OMR answer sheet. The West Bengal Police Recruitment Board was unable to evaluate his answer sheet.
Out of 149 petitioners the petitioner no.72, 76, 89, 90, 130, 138 & 141 did not apply as NVF in respect of recruitment to the post of Constable (Male) in West Bengal Police, 2015. However, they scored lesser marks than the cut off marks in the Written Test fixed by the West Bengal Police Recruitment Board. I certify that no candidate, who had scored lower than the cut off marks in the Written Test fixed by the West Bengal Police Recruitment Board, was called for the Interview. No candidate superseding any of the petitioners were called for Interview."
III) In respect of W.P.S.T. No.107 of 2017‐ "Both the petitioners in the instant Writ Petition were not finally selected as they scored lesser marks than the final cut off marks fixed by the West Bengal Police Recruitment Board in their respective category. I certify that no candidate, who had scored lower than the cut off marks in the Written Test fixed by the West Bengal Police Recruitment Board, was called for the Interview and no candidate, who had scored lower than the 5 total cut off marks for final selection, has been selected. No candidate was finally selected superseding any of the petitioners."
IV) In W.P.S.T. No.108 of 2017‐ " 09 (nine) petitioners filed the instant Writ Petition. Among them 08 petitioners (petitioner no. 1,2,3,4,5,7,8 &9) were not finally selected as they scored lesser marks than the final cut off marks fixed by the West Bengal Police Recruitment Board in their respective category. Only the case of petitioner no.06 is to some extent different.
Petitioner no.06 scored 58.875 marks in aggregate being higher than the final cut off score (54.33) for his category concerned. But he did not produce the NVF Enrolment Certificate and was therefore over aged and not entitled to the age relaxation for NVF. Hence, the petitioner no.06 could not be selected being over aged as he did not produce the NVF Enrolment Certificate.
Out of other petitioners the petitioner no.07 had not applied as NVF in respect of recruitment to the post of Constable (Male) in West Bengal Police, 2015 and he had also scored lesser marks than the final cut off marks fixed by the West Bengal Police Recruitment Board.
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Petitioner no.8 & 9 did not produce NVF Enrolment Certificate and they had also scored lesser marks than the final cut off marks fixed by the West Bengal Police Recruitment Board.
I certify that no candidate, who had scored lower than the cut off marks in the Written Test fixed by the West Bengal Police Recruitment Board, was called for the Interview and no candidate, who had scored lower than the total cut off marks for final selection, has been selected. No candidate was finally selected superseding any of the petitioners. Petitioner no.06 was disqualified because of age bar though he secured more marks than total cut off marks."
Let the reports relating to information in respect of the above four writ applications filed today in Court be kept on record.
Having heard the learned Advocates appearing on behalf of the respective parties as also after considering the facts and circumstances of these cases, we are of the opinion, that the learned Tribunal was not in error in refusing the prayer of the petitioners for granting interim order. After prima facie considering the performance of the petitioners, as disclosed before us by the learned Advocate General, we do not find that any of the candidates has been favoured by the respondent authority superseding any of the petitioners, amongst other considerations. 7
Needless to point out that if any of the original applications succeeds, then the applicant concerned will get appropriate relief so far as his candidature in connection with the above selection process is concerned or in other words, if any appointment is given, then the same shall abide by the result of all the aforesaid original applications.
In view of the above, these writ applications are dismissed. There will, however, be no order as to costs.
Let urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.
( Debasish Kar Gupta, J. ) ( Shekhar B. Saraf, J. )