JUDGMENT :

Kesang Doma Bhutia, J.

1. This common judgment will decide the following appeals:-

1. MAT 711 of 2021, IACAN No. 1 of 2021 filed by Binay Krishna Pal (UR candidate for Geography ),

2. Mat 713 of 2021, IA No. CAN 1 of 2021, filed by Smt Priyanka Kundu (UR candidate for Geography),

3. MAT 723 of 2021 IA CAN No. 1 of 2021 filed by Dr. Md. Zahir Abbas (OBC candidate for Geography),

4. MAT 724 of 2021 IA CAN No. 1 of 2021 filed by Sumita Mandal (S.C. candidate for Bengali) and

5. Mat 906 of 2021 IA No. CAN 1 of 2021 filed by Jaya Biswas Roy (SC candidate for Bengali).

2. In all the above Appeals common questions of facts and law are involved.

3. The facts giving rise to the above Appeals in gist are that the West Bengal College Service Commission (in short WBCSC) vide Advertisement No 1/18 dated 16.07.2018, invited applications for recruitment for the post of Assistant Professors in different subjects in different aided colleges in West Bengal.

4. Eligible Candidates were called for interview for selection. Based on academic profile and performance in interview of all the candidates, WBCSC declared provisional Merit List for the recruitment of Assistant Professors in different subjects on 06.03.2020, but failed to disclose the detailed score sheet of the individual candidate on its website. All Appellants/Writ Petitioners being unsuccessful candidates in the interview and not getting recommendation have filed the Writ Petition on 24.03.2021, challenging the recruitment process and alleged nepotism and unfair means being adopted in the selection process, compromising with the quality of the Higher Education in Bengal.

5. Candidates with meritorious academic background have been bypassed by awarding less marks in the interview by the members of the interview board and thereby they have prayed for issuance of Writ of Mandamus or any other appropriate Writ/Writs for quashing the entire selection process, panel dated 06.03.2020, recommendation, appointment and for initiating de-novo selection process. They have also prayed for restraining the Respondents from proceeding with the advertisement dated 16.07.2018.

6. After hearing the first four Writ Petitions on 07.07.2021, and Writ Petition filed by Jaya Biswas alias Roy on 12.08.2021, the Hon’ble Single Bench, has been pleased to direct WBCSC to file a report annexing the score sheet with the breakup of the marks in respect of all the empanelled candidates for the subject Geography and Bengali, for recruitment of Assistant Professors in Government Aided Colleges on the basis of the Advertisement No. 1 of 2018 by July 30, 2021 in the first four Writ Petitions, but no specific date has been fixed for submission of report by Commission in Petitioner Jaya Biswas’s Case.

7. Being aggrieved by such order passed by the Hon’ble Single Bench in those Writ Applications, WBCSC has preferred the present five appeals and alleged that the Writ Petitioners being unsuccessful candidates and who have been supplied with their individual score sheet with breakup, have no right to seek information of third parties in respect of marks obtained by the candidates in the panel awarded by experts during interview.

8. They have also alleged that no prayer has been made by the Writ Petitioners in their petitions for disclosure of total marks with breakup scored by other empanelled candidates. The Hon’ble Single Bench committed wrong in passing the impugned order and that too without giving an opportunity to the Appellants to controvert the allegation through affidavit. They have also alleged that the Writ Petitions are not maintainable. Therefore, they have prayed for setting aside the impugned order.

9. Ld. Senior Counsel Mr. Kishore Dutta, appearing for the appellants submitted that the Hon’ble Single Bench has been pleased to pass the impugned order without taking into consideration the provisions of The Right to Information Act, 2005 and binding decisions of Hon’ble Supreme Court. He further contended that the com