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2006 Supreme(Cal) 646
High Court Of Calcutta
Before Mr. Justice Prabir Kumar Samanta And Mr. Justice Prasenjit Mandal
NABENDU MONDAL - Appellant
Versus
STATE OF WEST BENGAL - Respondent
F. M. A. 301 Of 2006
Decided On : 09/27/2006
ALOK KUMAR GHOSH, Amalaksha Jana, AMALENDU MITRA, Chandrani Dhar, Piyali Sengupta, Rajdeep Biswas, S.Chandra, S.S.MUKHERJEE, SANDIP SRIMANI, Supriya Kr.Roy
The reservation for Other Backward Classes candidates in the advertisement for recruitment to the post of Judicial Officer was not valid as it did not comply with the State Government's notification increasing the percentage of reservation for Other Backward Classes from 5% to 7%.
Headnote:
WEST BENGAL CIVIL SERVICE JUDICIAL APPOINTMENT - RESERVATION FOR OTHER BACKWARD CLASSES - PUBLIC SERVICE COMMISSION, WEST BENGAL ADVERTISEMENT - SELECTION PROCESS - VALIDITY - WEST BENGAL COMMISSION FOR BACKWARD CLASSES ACT, 1993 (ACT 1 OF 1993) - WEST BENGAL SCHEDULED CASTES AND SCHEDULED TRIBES (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 1976 - VALIDITY OF RESERVATION - APPOINTMENT OF CANDIDATES - DIRECTIONS
Fact of the Case:
Writ petition challenging the selection process for appointment to the post of Judicial Officer in the West Bengal Civil Service (Judicial) on the ground that proper reservation was not made for Scheduled Caste and Other Backward Classes candidates. The petitioners, belonging to Scheduled Caste and Other Backward Classes, contended that they were not selected despite obtaining high marks in the written test due to inadequate reservation for their categories.
Finding of the Court:
The court held that the West Bengal Public Service Commission's advertisement for recruitment to the post of Judicial Officer did not make proper reservation for Other Backward Classes candidates as per the latest notification issued by the State Government. The court found that the reservation for Scheduled Caste candidates was in accordance with the statutory provision and could not be altered by a notification issued by the State Government.
Issues: 1. Whether the reservation made for Scheduled Caste and Other Backward Classes candidates in the advertisement for recruitment to the post of Judicial Officer was valid. 2. Whether the petitioners were entitled to be selected for appointment based on their comparative merits.
Ratio Decidendi: 1. The court held that the West Bengal Commission for Backward Classes Act, 1993 did not make any specific provision for reservation of posts for Other Backward Class candidates in the West Bengal Judicial Service. However, the State Government was authorized to increase the percentage of reservation for Other Backward Classes from time to time by publishing a notification in the Official Gazette. 2. The court found that the State Government had issued a notification on 6th November, 1997, increasing the percentage of reservation for Other Backward Classes in services and posts under the Government of West Bengal from 5% to 7%. This notification was applicable to the recruitment for services and posts in the West Bengal Judicial Service. 3. The court held that the Public Service Commission's advertisement, which reserved only 5% of posts for Other Backward Classes, was not in accordance with the State Government's notification and was therefore unsustainable in law.
Final Decision: The court allowed the appeal in part and directed the appointment of two more candidates from the Other Backward Classes category in order of merit from the Select List prepared by the Public Service Commission. The court also directed that if necessary, the posts reserved for the Scheduled Tribe candidates be de-reserved and carried forward for subsequent recruitment.
( 1 ) THIS appeal involves an interesting issue as to the appointment in the post of Judicial Officer in West Bengal Civil Service (Judicial ).
( 2 ) FIVE writ petitioners belonging to Schedule Caste and other backward classes appeared in the West Bengal Civil Service Judicial examination held by the Public Service Commission, West Bengal for the purpose of recruitment in the post of Judicial Officer in West Bengal Judicial services. Out of the 5 petitioners 3 belong to the Scheduled Castes and the other two belong to other backward classes.
( 3 ) THE Public Service Commission, West Bengal, by an advertisement No. 15/2003 dated 29th November, 2003 invited applications for recruitment to the West Bengal Civil Service Judicial for filling up of the vacancies notified therein. In the said advertisement vacancies were notified for 141 Judicial Officers, which was the vacancy position for the year of 2003, of which 103 posts were reserved for General Categories, 13 posts for Scheduled Caste candidates,18 posts for Scheduled Tribe candidates and 7 posts for other backward classes.
( 4 ) IT is not in dispute that pursuant to such advertisement the examination was duly held and on the basis of the examination conducted by the PSC in all 137 candidates have already been appointed. Four posts of Judicial Officers are still lying vacant.
( 5 ) IN the writ petition it has been alleged by the writ petitioners that each of them had qualified in the written test and were accordingly called to appear in the personality test. But, they were not ultimately selected for recruitment on the ground that they failed to obtain the requisite marks only in their personality test. Accordingly, it has been alleged by them that for the purpose of recruitment to the posts of Judicial Officer importance should be given to the marks obtained in the written test and no one should be refused selection for not obtaining requisite marks in the personality test, inasmuch as there is every possibility for allotting of marks in the personality test tainted with bias or other extraneous consideration.
( 6 ) INTERESTINGLY at the same time it has been averred by the petitioners, who themselves belong to the Schedule Caste and backward classes that for Judicial Service posts should not have been reserved for scheduled Caste, and other backward classes in accordance with the west Bengal Scheduled Caste and Scheduled Tribe (Reservation of vacancies in Services and Posts) Act, 1976 as it requires high standard of specialized knowledge in the field of law and any relaxation in the matter of quality for the purpose of selection is bound to impair the administration of justice in the lower Judicial Service. Such averment may have been made under an impression that they had been placed in order of merit along with the general class candidates on the basis of the written examination. But, such plea was totally abandoned before the writ Court. On the other hand the petitioners pressed their writ petition solely on the ground that they should have been selected in such reserved categories of Scheduled Caste and other backward classes as because proper reservation had not been made by such advertisement as per the latest notification issued in respect thereof by the State Government.
( 7 ) THE petitioners, however, all along contended that they obtained high marks in the written test and as such they were asked to appear in the personality test but were not selected only on the ground that they failed to obtain the requisite marks in the said personality test.
( 8 ) HAYING regard to the basic thrust of the writ petition whereby the petitioners have sought for relief by the Court in exercise of its extra-ordinary writ jurisdiction for the purpose of their selection in the posts of judicial Officer on the basis of their comparative merits, I ignore the statements made in the writ petition against such reservation for the candidates belonging to the
