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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Sahim Hossain – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. overview of writ petitions challenging recruitment process. (Para 1 , 2 , 4 , 22) |
| 2. arguments from unsuccessful candidates regarding unfair practices. (Para 5 , 6 , 7 , 18) |
| 3. counterpoints emphasizing the legitimacy of public service commission's procedures. (Para 8 , 9 , 10 , 15) |
| 4. clarification of legal position on merit lists for reserved category candidates. (Para 30 , 49) |
| 5. final ruling and dismissal of certain writ petitions. (Para 50 , 51 , 59) |
JUDGMENT :
DEBANGSU BASAK, J.
1. Four writ petitions have been heard analogously as they emanate from the same order dated March 29, 2022 passed by the West Bengal Administrative Tribunal in OA 11 of 2021, OA 105 of 2021 and OA 150 of 2021.
2. By the impugned order, the Tribunal has refused to set aside the recruitment process conducted by the West Bengal Public Service Commission for the post of Sub-Inspector in the Subordinate Food and Supply Service, Grade III, under Food and Supplies Department, Government of West Bengal, 2018. The Tribunal has however held that, persons belonging to a reserved category who took the benefit of age relaxation could not be placed in the unreserved category. The Tribunal has directed t
Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.
The court ruled that reserved category candidates who availed age relaxation cannot migrate to general category vacancies, ensuring adherence to equal treatment principles.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
Point of law: if a candidate who secured more marks than the last selected candidate, if a candidate from OBC/BC has secured more marks than the last selected candidate from open category, such candi....
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
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