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IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul), J.
Shabnam Parveen & Ors. – Petitioners
Versus
The State of West Bengal & Ors. – Respondents
WPA 17581 of 2010
Decided On : 26-07-2024
Recruitment - Writ Petition - Right To Information Act, 2005 - The court examined the recruitment process for Group C and D employees, emphasizing the validity of cut-off marks and adherence to established guidelines.
Fact of the Case:
The writ petitioners challenged their exclusion from the viva voce test for Group C and D posts, claiming they were eligible candidates who secured sufficient marks in the written examination.
Finding of the Court:
The court found that the recruitment committee's decision to set cut-off marks was valid and justified, and the petitioners did not meet the qualifying criteria established by the committee.
Issues: Whether the writ petitioners were eligible to appear for the viva voce test based on the cut-off marks set by the recruitment committee.
Ratio Decidendi: The court held that the recruitment committee had the authority to set cut-off marks even after the examination, and such decisions were not arbitrary if aimed at selecting the best candidates.
Result: The writ petition was dismissed, and the recruitment process was ordered to proceed as per law.
JUDGMENT :
Shampa Dutt (Paul), J.
1. The writ petitioners preferred this application, stating therein that the respondents published notification in the ‘Ananda Bazar Patrika’ inviting applications for appointment of Court’s office Staff/employees under category of group C & D.
2. The respondent no. 3 issued admit cards to each of the writ petitioners for the written test to be held on 15.03.2009.
3. On 15.3.2009 the Written Test Examination for recruitment of lower division Clerk posts for the judgeship of Nadia under group C and recruitment of peon/farash/night guard posts under group D was held and the petitioners wrote the Said exam.
4. On 03.08.2010 the respondent no. 3 published notice for viva voce test to be held on 22.08.2010 at Krishnanagar Court premises at 11 a.m. for 24 candidates of group D and 45 candidates for group C, which did not include the names of writ petitioners.
5. It is stated by the writ petitioners that the respondents no. 2 & 3 denied to give information to the writ petitioners, thus violating the The Right To Information Act, 2005 though the writ petitioners are eligible candidates and secured sufficient marks to attend viva voce test to be held on 22.08.2010 and not being called, thus not permitted to appear for the viva voce test, the writ petition has been filed praying for the following reliefs:-
b) A writ of mandamus commending the respondent/authorities to allow the writ petitioners as eligible candidates for viva voce test for the post of Group C the petitioner no. 1 & 4 and Group D of other petitioners.
c) A writ of prohibition restraining the respondent authorities not to hold via voce test to be held on 22.8.2010.
d) A writ of prohibition restraining the respondent 2 & 3 not to give appointment of any candidates during pendency of writ petition to do justice for appointment of eligible candidates.
6. Affidavit in opposition has been filed by the respondent no. 2 & 3 (the District Judge, Nadia cum Chairman, District Recruitment Committee) enclosing the list of successful candidate, who qualified to appear in the viva voce.
7. By a letter dated 19.01.2007, Registrar General-in-charge, High Court, Calcutta issued a letter for issuing advertisement relating to vacancies.
8. By a Resolution dated 19.07.2010 the recruitment committee inter-alia decided that a basic minimum mark of 40 (Forty) would have to be obtained by the candidates to be invited for viva voce and type test, being resolved by the committee. As such to be listed for successful candidate for Group C, the candidate must have obtained a basic minimum mark of 40 (Forty). In the Resolution, 35 candidates in the General category were selected for being invited for the viva voce and type test.
9. By a Resolution dated 22.07.2010, the candidates securing 75 marks and above, were called for viva voce for Group D post.
10. This writ petition was heard on 20.08.2010 and an interim order was passed thereby restraining the respondents from holding viva voce test as indicated in the aforesaid notice dated 03.08.2010.
11. It is further stated by the said respondents that the Chairman, Recruitment Committee published a list of the successful candidates on 03.08.2010. It would appear from the said list that the list contains the names of the successful candidates based on merit of the written examination conducted. The Group C candidates who secured 40 and more marks in the written examination and upon applying ratio of 1:5 as per resolution dated 19.07.2010 in Group C post being found eligible for viva voce test and typing skill test were invited.
12. The authorities concerned vide resolution dated 22.07.2010 and as per decision of the recruitment committee, the Group D candidates securing 75 and more marks in the written exam
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