IMPORTANT POINT
The court emphasized the importance of rational and acceptable criteria for recruitment, and the need for a reasonable interpretation of recruitment rules.

JUDGMENT :

1. The appeal is arising out of an order dated 1st December, 2023 in a writ petition in which the grievance of the writ petitioner was that she was not allowed to appear in the interview for the post of Librarian in Rural Libraries in the District of Purba Medinipur. The learned Single Judge has dismissed the said writ petition and hence, this appeal.

2. Briefly stated; the appellant is an aspirant for the said post. She was successful in the written test but she was not called for the interview. According to the writ petitioner, as per the relevant advertisement and the Recruitment Rules, the authorities should have called her for the interview in the ratio of 1:5 against the notified vacancies.

3. The recruitment notice has laid down four essential qualifications which, inter-alia, include basis knowledge in computer application and total marks awarded for computer knowledge is 10 marks. To the utter surprise of the writ petitioner, she found that the selection committee has decided a cut off marks for computer test. The pass mark of the Board Examination which is a qualifying academic standard was considered as the cut off marks for the computer exams. The appellant challenged the criteria of such cut off marks in the absence of any indication in the advertisement.

4. The learned single Judge in deciding the writ petition was of the view that the criteria for computer test was introduced before the advertisement was published and as such, it cannot be considered a case where the rule of game was changed after it had started.

5. Mr. Siddhartha Banerjee, learned Counsel appearing on behalf of the writ petitioner has submitted that the recruitment notice, however, refers to the basis knowledge in computer application as one of the essential qualifications and it does not prescribe any cut off marks. The advertisement is also silent about it. The State respondents could not have introduced a cut off marks after the advertisement thereby changing the rules of game. The candidates are entitled to know prior to participation in the examination that they would not be eligible for interview if they do not secure 3 marks out 10 marks. It is curious that for a candidate who is required to be appointed as Librarian in the Sponsored Public Library would be deprived of being allowed to participate in the interview only because the candidate has secured a mark less than 3 although he performed well in the written examination, academic qualification and professional qualification. Mr. Banerjee has further submitted that the computer test is inconsequential and cannot be treated alike with a degree in Library Science. The appellant having secured 21 marks in the written examination cannot be deprived of participating in interview merely because his score was only 1.75 marks in the computer test which is less than 3 marks. Mr. Banneree in this regard has relied upon three decisions of the Hon’ble Supreme Court i.e. (i) K. Manjusree vs. State of Andhra Pradesh and Another, (2008) 3 SCC 512, (ii) Yogesh Yadav vs. Union of India and Others, (2013) 14 SCC 623 and (iii) Goa Public Service Commission vs. Pankaj Rane and Others, (2022) 11 SCC 742. Mr. Banerjee has submitted that the ratio of the aforesaid decisions clearly held that after the selection process commenced, the authorities cannot change the rules of the game.

6. Per contra, Mr. Sirsanya Bandyopadhyay, learned Counsel for the State respondents has submitted that in the notification dated 15th March, 2023, computer knowledge is one of the essential qualifications. The cut off marks for the computer test was mentioned in the Memo No. 471(24)/LS dated 2nd May, 2023, in which it has been categorically stated that the basic computer knowledge is the essential qualification as per Recruitment Rules and the pass mark of the Board Exams, which is the qualifying academic standard, may be considered as the cut off marks for the computer examinations. Mr. Bandyopadhyay has submitted that the