JUDGMENT :

(Rabindranath Samanta, J.) :

1. This appeal has been preferred against the order dated 08.09.2021 passed by a learned Single Bench in W.P.A 11234 of 2021 whereby the writ petition filed by the appellant Tanusree Barua has been dismissed.

2. The facts which led the filing of the writ petition may be summarised as under:-

The appellant Tanusree Barua belongs to Scheduled Tribe. The respondent no. 5, the Indian Association for Cultivation of Science by a Gazette Notification dated 26th May invited applications for filing up Group ‘C’ Posts of ‘Multi Tasking Staff’ (MTS in short) for General and Technical category having total 21 (Twenty One) number of vacancies out of which there was only one vacancy for the Scheduled Tribe category.

The details of the vacancies are as under:-

3. The aforesaid notification did not mention about “cut off marks” either before or after holding the written as well as trade test, nor any information was provided about the procedure to be followed in case of a tie of marks of the candidates. Besides, the authorities did not reserve any right to include any additional criteria after the commencement of the selection process.

4. After filing up the form, the appellant received Admit Card or Call Letter for the examination on 23rd September, 2020 by way of an E-Mail bearing Roll No. IACS/ADVT/P/2/2019/MTS-Gen/520 from the Indian Association for the Cultivation of Science. The examination was to be conducted in two phases, the first one being a written examination which was held on 27th September, 2020 and the second one being a trade test which was held on 14th March, 2021. The score sheet of both the examinations was published on 6th April, 2021 on the official website of the respondent no. 5.

5. The appellant secured 25 marks out of 50 marks of the written test and secured 33 marks out of 50 marks of the trade test. In total she secured 58 marks (25+33). Another candidate belonging to the Scheduled Tribe also secured 58 marks (8 marks in written test and 50 marks in trade test).

6. After the score sheet was published on 6th April, 2021 the appellant by an E-Mail dated 8th April, 2021 sought clarifications from the respondent no. 5 as to the procedure to be followed for breaking a tie between the two candidates of the same category obtaining similar marks since there was only one vacancy for the post of MTS General (Administrative) Category for the Scheduled Tribe candidate.

7. Getting no reply to her E-Mail, the appellant made applications under the Right to Information Act to get the information as sought for by her.

8. Ultimately, the respondent no. 7, the Registrar, Indian Association for the Cultivation of Science gave a reply to the application under the RTI on 14.06.2021 for the first time to the effect that “cut off marks” were to be obtained by the candidates in the selection process and amongst the 16 selected candidates, 10 candidates were from General category and 6 candidates were from the Scheduled Caste category. None of the candidates from other categories secured the cut off marks. The appellant submits that the respondent no. 5 in the notification inviting applications for filing up posts did not mention about the cut off marks to be secured by a candidate to succeed in the selection process. Besides, the notification is silent about breaking of tie if two candidates of the same category secure the same marks.

9. On the grounds as narrated above, the appellant sought for direction in the nature of Mandamus commanding the respondent no. 7 to revaluate the answer script of the written examination of the appellant and after evaluation give appointment to the deserving candidate after explaining the tie breaking procedure, in case of tie, on the post as per vacancy under ST category for the Group ‘C’ post of MTS (General Administra