IMPORTANT POINT
The right to appointment in the relevant vacancies accrued to the appellants during the validity period of the panel and could not be abrogated for inaction of the KMC or on the ground that the Model Code of Conduct was in force at that time.

JUDGMENT :

Apurba Sinha Ray, J.

The Case in a nutshell

1. The brief facts of the case of the appellants (appellant nos. 1 and 2 being general candidates and appellant no. 3 being OBC (A) candidate are that though the three appellants were successful in the written test as well as interview for recruitment in the posts of S.A.E (Electrical), Kolkata Municipal Corporation conducted by Municipal Service Commission (‘MSC’ in short hereinafter) and their names surfaced in the supplementary panel, they were not appointed in the relevant posts. However, two other candidates from such supplementary panel were appointed due to non-joining of two candidates from the main panel. Time and again, the appellants were assured from the side of Kolkata Municipal Corporation (‘KMC’ in short hereinafter) that they would be appointed in the relevant posts but in vain. The appellants have heavily relied upon the relevant letter of Joint Municipal Commissioner (Personnel) dated 23.11.2016 wherein the said officer of KMC has categorically stated that during validity of the relevant panel, subsequent vacancies arose in more than 5 posts due to promotion and resignation and, therefore, the left out 5 candidates in the supplementary panel can be accommodated in their places. As the said proposal was not carried into action, the writ application was filed but the same was rejected solely on the ground that the validity of the panel had already expired. According to the appellants/ writ petitioners the Writ Court failed to consider that during pendency of the relevant panel, Model Code of Conduct, 2016 had come into force due to Assembly Election in the State of West Bengal in 2016, and it was KMC which was unable to take any appropriate steps in this regard, and for which, the appellants should not be made scapegoat. Hence, this appeal.

2. The contention of KMC, however, is that two candidates from General category and one candidate from OBC (B) in the main panel did not join, and accordingly, two general candidates, who are more meritorious than the present appellants, from the supplementary panels were appointed. As there is no OBC (B) candidate in the supplementary list, the post reserved for OBC (B) was decided to be filled up through future recruitment process. Furthermore, according to KMC, the Learned Single Judge rightly dismissed the writ application as the validity period of one year of the panel expired long ago. As two posts of general candidates and one post of OBC (A) as per declared vacancies were already filled up, the plea of the three appellants, should be rejected in limine.

Court’s View

3. From the materials on record it is found that there were 15 declared vacancies [General – 07, SC – 05, OBC(A) – 01, OBC(B) – 02] under main panel for the post of Sub – Assistant (Electrical) Engineer and 08 subsequent/prospective vacancies under supplementary panel for the said post [General – 04, General (PH) – 01, SC – 01, ST – 01, OBC(A) – 01]. At the very outset, the relation between main panel and supplementary panel needs to be scrutinized.

4. If we peruse the letter dated 14.09.2013 by which the KMC sent requisition to the MSC for appointment of S.A.E. we shall find the reasons as to why 08 vacancies for supplementary panel were advertised. The relevant excerpt is as follows:-

“As regards preparation of panel beyond the number of declared vacancies, it needs to be mentioned that two sets of panels of selected candidates be prepared against the requisition from KMC. The first panel will be in respect of declared vacancies and the 2nd panel may be an additional panel or an extended one for the prospective vacancies that may occur from time to time during the validity of such panel i.e. within one year from the date of panel and it may be called supplementary panel.”

5. From the arguments of both sides and materials on record it transpired that thou