JUDGMENT :

Partha Sarathi Chatterjee, J.

Preface

1. Both writ petitions are presented seeking a judicial review of a common order dated August 23, 2023 passed by the learned Tribunal in an original application (in short, OA), being OA 173 of 2022 and as such, both writ petitions are heard analogously. The order dated 23.08.2023 adjudicated the OA with the following order:

“In view of the above observations, it is the finding of this Tribunal that the Reasoned order passed by the Secretary and Controller of Examination, West Bengal Health Recruitment Board dated 02.03.2022 is not in conformity with any rules and thus, void in law and quashable. Accordingly, the Reasoned order is quashed and set aside with the following directions to the respondent no. 5, Secretary and Controller of Examination, West Bengal Health Recruitment Board:

1) Initiate the process of selection for the post of Medical Technologist (Lab) Grade-III within four (4) weeks from the communication of this order.

2) Allow the applicants to participate in the said selection process if they are found to be otherwise eligible, and

3) Allot one mark each year upto maximum 5 weeks if the certificates produced by them are found to be from the recognised private sector and are acceptable.

Accordingly, the application is disposed of.”

Key facts:

2. Although the issue at hand lies within a narrow compass, for the sake of elucidation and a comprehensive appreciation of the same, it is imperative to outline the salient facts that have given rise to these writ petitions.

3. A selection process was initiated by the West Bengal Health Recruitment Board (hereinafter referred to as the "Board") to fill the posts of Medical Technologist Grade III (All categories) under the West Bengal Subordinate Health Services. In this regard, an advertisement No. R/MT (VARIOUS)/02/2021, dated January 21, 2021, was issued inviting online applications from eligible candidates for the posts. The deadline for submission of the online application was 6.02.2021.

4. To get to the heart of the matter, it is pertinent to examine the distribution of marks, as outlined in the advertisement, is as follows:

5. It is important to note that marks for experience were allotted only to the candidates who had served as Medical Technologists in State Government service, whether as permanent or contractual employees. Consequently, no marks were allotted to the candidates who gained experience through service in private organizations. This constitutes the central issue of contention.

6. Some candidates who are aspiring for the posts and have gained experience in private organizations raised their grievances regarding the allocation of marks for experience to candidates who have gathered experience in government service by making a joint representation on February 01, 2021 i.e. prior to the deadline for submission of the online applications. However, since their representation did not receive a response from the concerned authorities, they were compelled to approach the learned Tribunal with OA 169 of 2021. This OA was disposed of by an order dated August 6, 2021, directing the respondent no. 5 to take a reasoned decision on the representation after affording a hearing to either the applicant no. 1 or a representative of the applicants.

7. Following this direction, the respondent No. 5 provided an opportunity of hearing to the applicant No. 1 and the representative of the Director of Health Services, but ultimately, rejected the appeal to allocate marks for experience to candidates who had gained such experience through em