Point of Law: Service Law - Post of Forester (Group-C) – qualification – Selection Process - question of filling up of vacancies over and above the number of vacancies advertised - Filling up of vacancies over and above the number of vacancies advertised would be violative of the fundamental rights guaranteed under Articles 14 and 16 of the Constitution and that selectees could not claim appointments as a matter of right. It was reiterated that mere inclusion of candidates in the select list does not confer any right to be selected, even if some of vacancies remained unfilled - It is true that there is manifest carelessness on part of the official respondents in conducting the selection process including publication of result for which the learned Single Judge has also expressed his displeasure. But the appellants could not make out any case to interfere with the selection & appointment of the private respondents.

JUDGMENT :

S.G. Chattopadhyay, J.

1. These Writ Appeals have been filed challenging the common judgment and order dated 30.11.2018 passed by the learned Single Judge in WP(C) No.577 of 2015 and WP(C) No.332 of 2017. Since the controversy raised in these writ appeals is identical, they will be decided by this common judgment.

2. For disposal of the appeals, brief reference to the factual aspect would be necessary which is as under:

Advertisement No.F.2-2(3)Estt./FOR-2009/28356-88 dated 10.02.2010 was issued by the Principal Chief Conservator of Forest, Tripura (Respondent No.3) inviting applications for filling up of 50(fifty) vacancies in the post of Forester(Group-C). The break-up of vacancies indicated 40 posts to be un reserved, 02 posts for SC candidates, 04 for ST candidates and remaining 04 for Ex-Serviceman. The said advertisement mentioned the required age, educational qualification, physical standard etc. for the candidates to be eligible for applying for the said posts.

Pursuant to the said advertisement, the appellants submitted their applications at the office of respondent no.3. Upon receipts of their applications, separate token nos. were allotted to the appellants for the purpose of oral interview.

3. Thereafter, by notice dated 30.06.2010 published by respondent no.4 in a local daily called ‘Daily Desher Katha’, the appellants along with other eligible applicants were asked to report for oral interview as per schedule contained in the said notice.

In order to appreciate the grievance of the appellants, reference to the individual facts of each of the appeals would be necessary at this stage which is as under:

Facts of Writ Appeal No.48 of 2019 [Jakir Miah vs. State of Tripura and Ors.] :

4. By the said notice mentioned in the preceding paragraph, appellant Jakir Miah was allotted token no. UD/816 for interview and he was asked to report for interview at the forest rest-house, Paratia under Udaipur Forest Division on 07.07.2010. The appellant accordingly faced interview at the aforementioned place on the appointed date.

5. On the basis of the performance of candidates in interview held from 17.05.2010 to 05.06.2010, respondent no.3 published notice [Annexure-P/4] in local daily called ‘Dainik Sambad’ and ‘Daily Desher Katha’ containing list of the successful candidates along with their token nos. and they were asked to report for walking test and physical measurement at the forest range office, Battala, Sadar on 27.02.2014 at 5 A.M. for selection to the said post of Forester (Group-C).

6. The said notice contained, amongst others, the names and token nos. of private respondents 5, 6 & 7. But it did not contain the name and token no of the appellant. According to the appellant, he performed very well in the interview. Despite such performance, result of his interview held on 07.07.2010 was not published by the respondents.

7. Eager to know the result of his interview, appellant then filed an application dated 26.02.2014[Annexure-P/5] to the SPIO in the office of respondent no.3 seeking the following information :

(i) marks scored by each of the candidates in interview along with the full particulars of those candidates.

(ii) score-sheet of all candidates who appeared for interview followed by physical measurement test.

(iii) details of the selection criteria including the orders issued by the Govt. in this regard.

8. In reply to his RTI application, the SPIO vide letter dated 12.03.2014 [Annexure-P/6] informed him that the information could not be provided since the recruitment process was not complete. Aggrieved appellant, filed appeal against the order of SPIO before the first appellate authority [respondent no.4] with a request to supply the information sought by him in his application dated 26.02.2014. The first appellate authority vide order dated 27.06.2014[Annexure-P/7], directed the SPIO to supply the information to the appellant within 15 days and in case it was held by the SPIO that he was not under any obligation to s