The reduction in the number of members of the Circle Engagement Board did not vitiate the selection process, and unsuccessful candidates had no locus standi to challenge the selection.

JUDGMENT :

V.M. VELUMANI, J.

1. All these appeals are disposed of by this common judgment since the facts and the issues involved are one and the same.

Facts of the Case:

2. A notification dated 22nd July, 2020 was issued for engagement of 2000 “Bana Sahayaks” on contractual basis for the vacancies notified in the following five administrative divisions: (a) Presidency Division, (b) Medinipur Division, (c) Burdwan Division, (d) Malda Division and (e) Jalpaiguri Division.

3. The following eligibility criteria and selection process are fixed in the said notification:

(i) A candidate is to be between 18 years and 40 years of age as on 1st January of the year of application, i.e. date of birth should be from 01.01.1980 to 31.12.2001.

(ii) Five years age relaxation in the upper age limit for SC/ST candidates.

(iii) The candidate must be resident of the locality and if the candidate satisfies the locality criteria, then the candidate will be screened for other qualifying criteria.

(iv) The eligible candidates will be called for evaluation-cum-interview by the respective Engagement Board to verify original certificates for age, residence proof, educational qualification and photo ID.

(v) The Engagement Board will consist of three members. Each member will award marks out of 100 to the candidates for ability to read Bengali, write Bengali, ability to read English or Hindi, General Knowledge Oral Test and Personality fitness for forestry works.

(vi) The marks awarded by three members will be added and merit list will be prepared in descending order. Elaborate procedure is contemplated to fix seniority in the selected list of candidates if more than one candidate is awarded the same marks.

4. Number of persons applied for engagement as “Bana Sahayaks” on contractual basis. The Engagement Boards, after verifying residential criteria, called the eligible candidates for evaluation-cum-interview. The respective Engagement Board following the procedure, selected the candidates and issued appointment orders. The selected candidates joined duty in December, 2020.

5. Five unsuccessful candidates filed the writ petition being WPA No. 8506 of 2021 for the following relief:

“(a) A Writ in the nature of Mandamus commanding the respondent their men, agent, associates or each one of them particularly Respondent No 1 and 2 to publish a Merit List and/ or panel of successful candidates for recruitment of 2000 Bana Sahayak Post in connection with the Notification being No. 828-For/FR/O/N/18R-02/2018 dated 22.07.2020 and further direct to give fresh appointment in 2000 Bana Sahayak Post after publishing the merit list forthwith.

(b) A Writ in the nature of mandamus commanding the respondent their men, agent, associates or each one of them particularly Respondents No. 1 and 2 to fill up the vacancies after publishing the Merit List and/ or panel of the successful candidates by considering the representation of the petitioners, forthwith.....and other reliefs.”

6. The respondents resisted the same. The learned Single Judge, considering the materials placed and judgments relied on by the respective counsels, disposed of the writ petition with the following directions:

“42. Therefore, this Court directs that the selection process for the post of “Banasahayaks” will be freshly conducted within a period of two months from the date on the basis of the eligibility criteria (without any alternation thereof) and in terms of the selection process advertised on July 22, 2020 within a period of two months from the date. 3 members of CEBs will conduct the process. The selected candidates from the list of eligible candidates will be published in the official website of the State. The engagement of the under-aged candidate shall be terminated with immediate effect.

43. Upon completion of the process of selection for “Banasahayaks” within a period of two months from date, the previous extension granted to the candidates will be terminated.”

7. Challenging the said order, selected candidate