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2025 Supreme(Cal) 721

IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, CJ, PARTHA SARATHI SEN, J.
Radheshyam Mridha – Appellant
Versus
Union of India and Others – Respondents
WPCT No. 225 of 2013
Decided On : 14-11-2025

Advocates Appeared:
For the Appellants : Sankar Prasad Dalapati, Sourav Mondal
For the Respondents: Rabi Prosad Mukherjee, Sarda Shah, Puspal Chakraborty, Prisanka Ganguly

The Tribunal did not act beyond its jurisdiction, and the writ petitioner failed to demonstrate any substantial grounds for interference, resulting in dismissal of the petition.

Headnote:(A) Constitution of India - Articles 14 and 16 - Judicial Review - Eligibility criteria in public employment - The Tribunal found that the writ petitioner was ineligible for recruitment due to age restrictions and that no evidence was provided to support claims of discrimination, bias, or illegality in the selection process. Dismissal of the writ petition was upheld by the High Court. (Paras 2, 6, 32, and 34)

(B) Tribunal's discretion in recruitment matters - The court reiterated that judicial review does not entail re-assessing factual determinations made by the Tribunal absent a showing of jurisdictional errors or apparent injustices. (Paras 24, 31)

Facts of the case:
The writ petitioner challenged recruitment processes for Scientist-C positions, alleging unfair treatment based on age limit and discrimination against qualified candidates. The Tribunal dismissed his application based on findings of ineligibility due to prescribed age bars and absence of merit in claims of bias.

Findings of Court:
The High Court upheld the Tribunal's ruling, asserting no evidence was provided to establish any violation of constitutional rights or procedural irregularity.

Issues: The key issues centered on eligibility concerning age limits for the position and allegations of discrimination in the selection process.

Ratio Decidendi: The court concluded that active participation in the recruitment process was a threshold requirement for making claims related to that recruitment. Additionally, mere allegations without substantiated evidence do not suffice to overturn the Tribunal's decisions.

Result: Writ Petition dismissed.

Table of Content
1. jurisdiction of the tribunal and factual background. (Para 1 , 2)
2. arguments regarding discrimination and selection process. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. defense arguments against writ petition. (Para 12 , 13 , 14 , 15 , 16)
4. court's analysis of selection criteria and candidate eligibility. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25)
5. significance of pleadings and allegations in tribunal. (Para 26 , 27 , 28 , 29 , 30)
6. legal principles governing writ jurisdiction. (Para 31 , 32 , 33)
7. conclusion regarding merits of the writ petition. (Para 34 , 35 , 36)

JUDGMENT :

PARTHA SARATHI SEN, J.

1. The subject matter of the instant writ petition as filed under Article 226/227 of the Constitution of India is the judgment and order dated 03.05.2013 as passed in OA 1776 of 2010 by the Central Administrative Tribunal, Calcutta Bench, Calcutta (hereinafter referred to as the said Tribunal in short). By the order under challenge, the said Tribunal dismissed the said original application as filed by the writ petitioner herein by holding that there is hardly any scope to interfere with the result as published by the respondent authorities in connection with Advertisement No. 01/10/2007-P.III., a copy of which is annexed at Page No. 286 of the instant writ petition.

2. For effective adjudication of the instant lis some relevant facts leading to filing of the said original application before the said Tribunal are required to be dealt with and those are discussed hereunder in seriatim:-

(i) The Respondent No. 1, authority published an advertisement being Advertisement No. 01/10/2007-P.III in the Employment News 8-14th December, 2007 for the recruitment of Zoological Survey of India Scientist-C for the one post.

(ii) Similarly, the Respondent No. 1 authority also published another advertisement being Advertisement No. 01/09/2008- P.III in the Employment News 29th March- 4th April, 2008 for recruitment of Zoological Survey of India Scientist-C for 17 posts.

(iii) The writ petitioner applied for the said one post of Scientist -C in respect of the aforementioned advertisement of 2007 and subsequently on 09.04.2008 he also applied for the post of Scientist -C in connection with the advertisement of 2008.

(iv) The Screening Committee while shortlisting the candidates rejected the candidature of the writ petitioner on the ground of age bar.

(v) Being aggrieved with such decision the writ petitioner filed OA No. 1069 of 2008 before the said Tribunal and the said Tribunal by an interim order dated 20.10.2008 permitted the petitioner to appear in the interview in the selection process of 2007.

(vi) The notification dated 30.03.2009 as published by the respondent authorities regarding upper age limit of the departmental candidates were challenged by filling OA Nos. 1069 of 2008, 1070 of 2008, 1073 of 2008, 1074 of 2008 and 1102 of 2008 before the said Tribunal.

(vii) By an order dated 30.09.2009 the said Tribunal held that the said notification dated 30.03.2009 regarding upper age limit is not applicable and thus directed the authorities to publish the result.

(viii) The writ petitioner participated in the selection process in respect of advertisement of the year 2007. However, he found himself unsuccessful in such recruitment process.

(ix) The writ petitioner challenged the said result as published in connection with the advertisement of 2007 before the said Tribunal by filing OA No. 1776 of 2010 which was however dismissed by the said Tribunal by an order dated 06.12.2010.

(x) On 08.03.2011 the writ petitioner filed WP.CT No. 72 of 2011 before this High Court challenging the said order dated 06.12.2010 as passed by the said Tribunal.

(xi) On 28.04.2011 this High Court allowed WP.CT No. 72 of 2011 and remanded OA No. 1776 of 2010 for consideration afresh.

(xii) By the impugned judgment and order dated 03.05.2013 the said Tribunal again dismissed OA No. 1776 of 2010 giving rise to the instant writ petition.

3. At the time of hearing

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