Erroneous appointment based on the wrong category does not confer any right to continue in service, and a candidate's locus standi to question a selection is based on their eligibility for the position.

JUDGMENT :

1. Vide notification dated 8th December 2016, post of Peon in Panchayat Samity was notified in the district of South 24-Parganas. As per the said notification one post of Panchayat Samity Peon was reserved for OBC-A category candidate, one post was reserved for OBC-A (EC) category candidate, one post was reserved for OBC-B category candidate and one post was reserved for OBC-B (EC) category candidate apart from the posts which were earmarked for general category candidate.

2. The petitioner applied for being appointed as Panchayat Samity Peon by offering his candidature as OBC-A category candidate whereas respondent no.6 applied for being appointed as general category candidate in the said post of peon.

3. The petitioner by presenting the writ petition has challenged the selection of the respondent no.6 for the post of peon in Panchayat Samity upon treating him as OBC-A category candidate on the ground that the respondent no.6 is a general category candidate whereas petitioner belongs to OBC-A category. According to the petitioner, respondent no.6 has got no right to be appointed as Panchayat Samity Peon in the post which is reserved for OBC-A category candidate since he applied as general category candidate. It is also contended had there been appropriate selection process conducted by the concerned respondent authorities then respondent no.6 would have been excluded from the zone of consideration for being considered for the post of peon upon treating him as general category candidate which may have given opportunity to the petitioner to be considered for the post of Peon being OBC-A category candidate.

4. Respondent no.6 is represented by Mr. Ghosh Dastidar, learned advocate, who at the outset has raised the point of locus standi of the petitioner. It is contended that in the event respondent no.6 would not have been selected for the post of Peon under OBC-A category, petitioner would not have come within the zone of consideration for being recruited in the post of Peon. Therefore, writ petition at the instance of the petitioner is not maintainable.

5. In addition thereto, submission has been made on behalf of the respondent no.6 based on document at page 12 and 13 of the affidavit-in-opposition used on behalf of respondent no.6 in order to contend that respondent no.6 participated in the selection process as general category candidate. Further contention on behalf respondent no.6 is if there is no mistake on his part in offering candidature as general category candidate and the appointing authority as well as the selecting authority while processing the application of the respondent no.6 wrongly treated the said respondent as OBC-A category candidate and appoint him in the post of Peon, it is not the fault of the respondent no.6. Therefore, after rendering service as Panchayat Samity Peon for a period of 7 years with effect from 16th August, 2017 appointment of the petitioner should not be frustrated.

6. State respondents are represented by Mr. Halder, learned advocate, who submits that already a detailed report has been filed by the Secretary, Panchayat & Rural Development Department dated 15th September 2023. Therefore, there is no necessity to dilate further on this issue. However, the learned advocate for the State respondents has fairly submitted that if by mistake respondent no.6 is appointed by wrongly treating him as OBC-A category candidate, no right accrues in his favour and such mistake can be corrected upon detection.

7. This Court has heard the learned advocates representing the parties as well as perused the detailed report of the Secretary dated 15th September, 2023 which has been prepared pursuant to the order dated 8th August, 2023 passed by this Court.

8. The report of Secretary plays a significant role in determining the issue raised in this writ petition. In paragraph 3 of the said report it has been categorically admitted by the Secretary that for processing the applications for recruitment in the p