Calcutta High Court (Appellete Side)
8.09.2015 (Basanti Nandi vs The State Of West Bengal & Ors.) on 8 September, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
1 W. P. 11372 (W) OF 2015 08.09.2015 (Basanti Nandi -vs- The State of West Bengal & Ors.) ag Sl. No.426 Court no.13 Mr. Md. Yusuf Ali - for the Petitioner Mr. Samim Ul Bari - for the Council Supplementary affidavit filed today is kept with the record. The writ petitioner seeks a direction on the concerned Council to call the writ petitioner for an interview.
The writ petitioner had participated in selection process. She was unsuccessful.
It is contended on behalf of the writ petitioner relying upon a Gazette Notification dated May 19, 2009 that five times the number of vacancies should be called for an interview. According to the writ petitioner, there were 187 vacancies. The number of candidates was
628. Applying such formula, the writ petitioner should be in the zone of consideration for interview.
It is next contended on behalf of the writ petitioner relying upon the supplementary affidavit that although the writ petitioner has sought for information under the Right to Information Act, 2005, the information supplied by the concerned authorities are inadequate.
The Council authorities are represented. I have considered the rival contention of the parties and the materials made available on record.
Although the writ petitioner had participated in a selection process, she was unsuccessful in the written examination. She is, therefore, not entitled to be called for interview. She has not been called to the interview.
2The contention on behalf of the writ petitioner relying upon the Notification dated May 19, 2009 that five times the number of vacancies should be called for interview is misplaced. Rule (6) of the Recruitment Rules reads thus:
"(6) The candidates shall be eligible for aptitude test/interview on the basis of merit, which shall be determined on the basis of adding of the marks obtained by him in the written examination and academic results:
Provided that the number of candidates called for aptitude test/interview shall be restricted to five times the number of vacancies to be filled up;
Provided further that if no sufficient numbers of candidates are available for the aptitude test/interview, the Selections Committee may vary the number of candidates called for aptitude test/interview, but in no case such number exceeds five times the number of vacancies."
Such Rules do not require the authorities to call five times the number of vacancies for interview. Rules prescribe the upper limit of the number of candidates that can be called for interview. The Rule, in my view, cannot be read to mean that a candidate who is unsuccessful in a written examination can also be called for an interview; more particularly, when the number of candidates participating in the selection process far exceeds the number of vacancies. In the instant case, there are 187 vacancies with 628 candidates participating in the selection process.
So far as the contention regarding Right to Information Act, 2005 is concerned, the writ petitioner has adequate alternative efficacious remedy available by way of appeal. The writ petitioner may avail of the same, if she chooses to.
In such circumstances, I do not find any merit in the writ petition. The same is dismissed, however, without any order as to costs.
3
Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
(Debangsu Basak, J.)