JUDGMENT :

Partha Sarathi Chatterjee, J.

Preface

1. Alleging that the integrity of the selection process conducted by the West Bengal College Service Commission (hereinafter referred to as 'the Commission') under Advertisement No. 1 of 2018, dated July 16^th, 2018, for recruitment to the post of Assistant Professor in Santhali and other subjects for State-aided general degree colleges across West Bengal has been compromised, the present writ petition has been filed. The petitioner seeks cancellation of the entire selection process along with the merit list. Additionally, the petitioner prays for a direction to recast the panel, cancel the appointments already made, and recommend the petitioner’s name for appointment to the said post.

2. The petitioner’s grievance is rooted in alleged procedural irregularities, non-compliance with statutory and constitutional mandates, arbitrary evaluation of eligibility criteria and discriminatory selection practices in violation of University Grant Commission (In short, UGC) guidelines and the other relevant Act and regulations.

Petitioner’s case:

3. Before delving into the contours of the controversy surrounding the present writ petition, it would be appropriate to outline the key facts, as projected in the writ petition and affidavit-in-reply, which are as set out below:

a) As referred to in the prefatory paragraph, by Advertisement No. 01 of 2018 dated July 16, 2018, the Commission invited applications from eligible candidates for recruitment to certain posts of Assistant Professor in Santhali and other subjects in various State-aided colleges across the State.

b) In response to the said advertisement, the petitioner, a Scheduled Tribe (ST) candidate from the State of West Bengal, holding 60.5% marks in his postgraduate degree in Santhali, submitted his candidature under the ST category for the post of Assistant Professor in Santhali. The present petition pertains to the recruitment process for the said post.

c) In accordance with the instructions published on the Commission’s website, the petitioner appeared for the interview held on 7th March, 2019, filled up the information and correction sheet, and submitted photocopies of his testimonials along with the original documents for verification.

d) On 29^th May, 2019, the provisional merit panel for the said post, which had been published on 27th May, 2019, was displayed on the Commission’s website. The petitioner was shocked and surprised to find that his name did not appear in the panel.

e) The petitioner, in an effort to ascertain the reasons for the non-inclusion of his name in the merit panel, submitted several applications and appeals under the relevant provisions of the Right to Information Act, 2005 (hereinafter referred to as the 'RTI Act') before the competent authorities, seeking detailed information pertaining to the selection process.

f) The petitioner discovered that the cut-off marks, details of the vacancy status and/or position, which were required to be notified prior to the publication of the merit panel in terms of Regulations 3, 5, and 6 of the West Bengal College Service Commission (Manner of Selection of Persons for Appointment to the Posts of Assistant Professors, Principals, and Librarians and Re-recommendation of Assistant Professors) Regulations, 2012 (hereinafter referred to as the '2012 Regulations'), were not published. Moreover, neither the score pattern nor the detailed break-up of marks awarded to the candidates was disclosed. The petitioner further alleged that the ratio concerning vacancy position, which was required to be indicated in the provisional merit list, was also not mentioned.

g) The score sheet, which the petitioner eventually obtained through a successful application under the Right to Information Act, revealed that certain private respondents, candidates from the State of Jharkhand, who had secured less than 55% marks at the postgraduate level and had applied under the Unreserved (UR) category, were ultimate