The qualifications specified in the advertisement for the WBSFS examination are mandatory, and the petitioner’s degree in Information Technology does not satisfy these requirements.

JUDGMENT :

SUPRATIM BHATTACHARYA, J.

1. The present writ petition has been preferred challenging, inter alia, an order passed by the West Bengal Administrative Tribunal (for short the Tribunal) dated 07.05.2024 in the Original Application (in short O.A.) being O.A. 217 of 2020. Through the said order the Ld. Tribunal has stated that the prayer made in the said O.A. is no more relevant and has thus disposed the said application.

2. Shorn of unnecessary details the fact of the instant lis is that the petitioner had applied for appearing in the West Bengal Subordinate Forest Service Examination 2018 (for short the WBSFS examination). The Public Service Commission, West Bengal (for short the Commission) through the Advertisement No. 14/2018 had published seeking applications from the candidates who were eager for the said post. The petitioner applied for the WBSFS and had been successful in the preliminary examination and the main examination. He was requested to appear before the Commission for personality test for WBSFS on 22.01.2020, but the petitioner was ultimately not allowed to appear in the interview on the ground that he had a degree in the Branch-Information Technology instead of the requisite Bachelors degree in Science or Engineering which had been prescribed in the said advertisement. Being unable to appear for the said personality test, the petitioner preferred the said O.A. before the Tribunal.

3. After hearing the Ld. Counsel representing the petitioners in the said O.A. the Ld. Tribunal has been pleased to pass the following order on 07.05.2024:

“.......Mr. Mondal submits that on the basis of recommendation of the Commission, appointment letter to all the recommended candidates have already been issued. Both Mr. Byhattacharjee and Mr. Mondal submit that in view of the above facts narrated, the prayer in this application has now become infructuous.

From the above submission, the Tribunal finds that the prayer is no more relevant and therefore, this application is infructuous.

Accordingly, this application ids disposed of.”

4. Through the present writ petition the petitioner has prayed for the following:

(a) A writ of Mandamus commanding the respondents, their men, agents, servants, subordinates, employees and/or assignee and/or authorities to perform their statutory duties to hold a fresh interview there by allowing the petitioners to participate in the said interview treating the petitioners as eligible candidates and consequently recasting the panel.

(b) A writ of or in the nature of Mandamus commanding the respondents, their men, agents, servants, subordinates, employees and/or assignee and/or authorities to issue appointment letter upon recasting the panel forth with.

5. Mr. Biswas, Ld. Advocate being assisted by Ms. Sonali Das and Ms. Sreetoma Neogi representing the petitioner has submitted the following:

(i) That without going into the intricacies of the matter the said Commission has not allowed the petitioner to appear before the Board which was conducting the personality test.

(ii) He has further submitted that the petitioner had/has a degree in Bachelor for Branch-Information Technology issued by the West Bengal University of Technology as the petitioner had appeared before the said University through the Aryabhatta Institute of Engineering and Management wherefrom the petitioner had pursued his course of Information Technology and has passed the said course in the year 2008.

(iii) The Ld. Counsel has also brought to the notice of the Court a certificate dated 14.02.2020 issued by the head of Department and Teacher-in-Charge, Officer-in-Charge of the said institute certifying that Computer Science/Computer Enginee