JUDGMENT :

LAPITA BANERJI, J.

Two writ petitions WPA 18906 of 2022 and WPA 28493 of 2022 were taken up for hearing together. In WPA 18906 of 2022, the writ petitioner challenged the recommendation of the Hon’ble Governor to interview 20 more candidates on May 20, 2022, apart from the 11 short listed candidates. Furthermore, he challenged the recommendation of the Hon’ble Governor dated May 26, 2022 to the Ministry of Culture for appointment of the Private Respondent No.5 as the Director, Eastern Zonal Cultural Centre (EZCC) and also the letter of appointment of the private respondent no. 5, dated July 5, 2022. The petitioner was the second empanelled candidate in the letter of recommendation dated May 26, 2022.

2. In WPA 28493 of 2022, the writ petitioner has, inter alia, prayed for revoking and or rescinding the decision to call the private respondent no. 5 for the interview and for a declaration that the appointment of the private respondent no. 5 is bad in law. He was one of the 20 candidates whose names were recommended by the Hon’ble Governor by a subsequent list.

3. WPA 18906 of 2022 is taken up for consideration first. Common questions of facts and law arise in both the writ petitions.

4. Pursuant to an advertisement dated July 17/23, 2021, the petitioner applied for recruitment to the post of Director, EZCC on short-term contractual basis for a tenure of 3 years which was extendable by another period of 2 years depending upon the performance of the incumbent. The candidates could either apply for appointment on short-term contractual basis or on deputation basis. The eligibility criteria for candidates applying on deputation basis were different from the candidates applying on short-term contractual basis. The eligibility criteria for appointment on short-term contractual basis is as follows:

(i) Eminent cultural personalities (practicing artistes, scholars or experts) in the field of Art &Culture of at least 10 years standing and experience;

(ii) Possessing Bachelor Degree; and

(iii) Minimum of 3 years’ administrative experience in running cultural institution (s).

The eligibility criteria for candidates applying on deputation basis are as follows:-

Officers working in the rank of Director/Deputy Secretary to the Government of India having experience of working in organizations related to Art & Culture:

i. Holding post of regular basis in the pay scale of Rs. 37,400-67,000+GP Rs. 8,700 (pre-revised as per 6th CPC) OR

ii. Having 3 years of regular service in the pay scale of Rs. 15,600-39,100+GP Rs. 7,600 (pre-revised as per 6th CPC).

5. Under the Clause 7.3 of Memorandum of Association and Rules & Regulations of EZCC, the Executive Board had the power to appoint a Search Committee and other committees which may be deemed necessary to assist the Board in furtherance of the objectives of the Society.

6. Under Clause 7.4 (xv) the Executive Board had the power to make appointment in respect of the posts including the post of Director of EZCC. The appointment of Director would have to be made with “prior approval” of the Government of India.

7. Under the bye-laws of EZCC (Recruitment and Service Rules – 2015), the “Executive Board” of EZCC was the “Appointing Authority” of the Director. The Executive Board was required to act in consonance with the Government of India in respect of appointment of the Director.

8. By an electronic mail dated May 12, 2022, the Under Secretary to the Government of India, Ministry of Culture intimated the Additional Chief Secretary to the Governor of West Bengal about the constitution of a Scrutiny Committee for filling up the post of Director, EZCC. As per the direction of the Ministry of Culture, a 4-member Scrutiny Committee was constituted for scrutiny of applications received in the Office of the Hon’ble Governor of West Bengal/Chairperson of EZCC against the advertisement published for filling up of the post of Director, EZCC. The work of the Scrutiny Committee was to “examine the applications” and “sh