The court emphasized the importance of eligibility and the zone of consideration in the selection process, ultimately influencing the decision to dismiss the petition.

JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. Challenging a selection process initiated by the respondents, pursuant to an advertisement in connection with the recruitment of Constable/Bugler in the State of West Bengal, the present writ petition has been filed.

2. Mr. Mahapatra, learned advocate representing the petitioner by drawing attention of this Court to the advertisement submits that the same invites application in prescribed format from male/female, Indian Citizens who are ordinarily resident of the States of West Bengal, Bihar, Jharkhand, Uttar Pradesh, Uttarakhand, Orissa, Madhya Pradesh and Chhattisgarh. It is submitted that the advertisement reserves the number of vacancies in different categories to be filled up for different states. In respect of the State of West Bengal for the rank/trade of Constable/Bugler there were in total 18 vacancies out of which 8 vacancies were earmarked for the general category.

3. It is submitted that the petitioner had not only applied for the said post but is also otherwise eligible for being recruited since his name appeared in the merit list. Notwithstanding the aforesaid, the petitioner was ultimately not selected.

4. By referring to page 33 of the writ petition, it is submitted that the candidates in serial nos. 1, 2, 6 and 7 of the merit list despite being otherwise ineligible to participate as general category candidates, their names had been included in the merit list of general category candidates. It is still further submitted that although, the candidate in serial no. 1 is a general category candidate, he is not domiciled in the State of West Bengal and as such he could not have been selected for the post of Constable/Bugler under the category reserved for the State of West Bengal. It is submitted that there are irregularities in the selection process and the aforesaid irregularities have the effect of vitiating the same.

5. Pursuant to the order dated 7th June, 2013 passed by the Coordinate Bench of this Court, the learned advocate for the respondents had made over the list of selected candidates to the petitioner. Pursuant to and in furtherance thereof, the aforesaid persons whose names featured in the serial nos. 1, 2, 6 and 7 of the merit list under general category have been arrayed as added respondents to the present proceedings. Mr. Mahapatra submits that the appointments of the aforesaid persons are bad and this Court by setting aside their appointments should direct the respondents to consider the candidature of the petitioner for appointment to the concerned post of Constable/Bugler.

6. Ms. Alam, learned advocate representing the respondents, on the other hand, submits that the petitioner had participated in the selection process and he was placed 13th in the merit list of general category candidates for the State of West Bengal. The petitioner had applied as a general category candidate and as such cannot question the legality and/or validity of other candidates who do not come under the general category. She submits that insofar as candidates in serial nos. 6 and 7 of the merit list are concerned, such candidates had participated in the selection process under general category, despite being candidates under reserved category. As such they have been included in the merit list for general category. Insofar as the candidate in serial no. 1 is concerned, she submits that he is ward of a CRPF personnel and is otherwise eligible to participate in the selection process on the basis of the address of his father. Insofar as candidate in serial no. 2 is concerned, he is a departmental candidate and as such he is entitled to participate since, he had obtained a No Objection Certificate (NOC) from the department. Having regard to the aforesaid, it is submitted that the petitioner has failed to make out any case for consideration of his candidature. There is no irregularity on the part of the respondents in concluding the selection process by excluding the petitioner from the zone of co