Selection processes cannot have rules altered retrospectively, and participating without objection bars challenges.

Mr. Shubhankar Dutta Ms. Somdutta Patra Ms. Swagata Mitra …… for the petitioners Mr. Momenur Rahman Mr. Sourav Sarkar ……. for the State The present writ petition has been filed citing certain illegalities in the selection process initiated by the concerned respondents for filling up the post of Anganwadi Worker (for short, ’AWW’), particularly with regard to the reservation of certain posts for the Economically Weaker Section (for short, ’EWS’) midway through the process, and seeking a direction to the respondents to initiate a fresh selection process for the said post.

Succinctly stated, the essential facts leading to the institution of the present writ petition are that the District Level Selection and Managing Committee, in pursuance of a Memorandum dated 16th March, 2023, issued by the Department of Women & Child Development and Social Welfare, initiated a recruitment process for filling up 150 posts of Anganwadi Workers (hereinafter referred to as ’AWW’). Accordingly, a recruitment notice dated 24th March, 2023, was published on the official website of the Department, inviting applications from eligible and willing candidates for the said post. Simultaneously, a Notification dated 24th March, 2023, was also published in the Official Gazette of the Department to the same effect.

In accordance with the 100-point reservation roster, the 150 posts were distributed as follows: “UR – 77, OBC-A – 15, OBC-B – 11, PH – 5, SC – 33, and ST – 9”.

The Notification dated 24.03.2023 specified that the authority reserves the right to alter the number of vacancies under certain circumstances without assigning any reason therefor.

The petitioners, claiming themselves to be eligible candidates, submitted their applications for the said posts and subsequently participated in the written examination held on 30th April, 2023.

However, it was later discovered that no posts had been reserved for the candidates belonging to EWS, in contravention of the Notification dated 7th February, 2023, issued by the Labour Department, Government of West Bengal, which mandated a 10% reservation for EWS candidates within the 100-point roster of vacancies. Consequently, a Corrigendum was issued on 7th March, 2024, calling upon the candidates who had participated in the selection process to declare whether they intended to present themselves as candidates belonging to the Economically Weaker Section (EWS). Ultimately, the deadline for submission of such declarations was extended up to 3rd June, 2024.

The viva voce test was conducted on 27th July, 2024, in which the petitioners duly participated. However, having failed to secure a place in the final merit list, the petitioners have filed the present writ petition, challenging the entire recruitment process.

Mr. Majumder, learned Senior Advocate appearing for the petitioners, submits that once the recruitment process is initiated by issuance of a Notification, the same cannot be altered midway. In support of this contention, he places reliance on the decision reported in (2025) 2 SCC 1 (Tej Prakash Pathak & Ors. vs. Rajasthan High Court & Ors.). He further relies on a judgment reported in (2015) 2 CHN 581 (Swapan Kumar Das & Ors. vs. Biswajit Maji & Anr.), which reiterates the same proposition of law.

Narrating the sequence of events in connection with the present selection process, Mr. Majumder submits that the respondents initially commenced the recruitment process in accordance with the 100-point reservation roster, whereby specific posts were reserved for SC, ST, and OBC candidates, and 77 posts were kept unreserved. The petitioners submitted their applications as candidates under the unreserved category. However, midway through the selection process, a substantial change was introduced, and 15 posts were earmarked for candidates belonging to the EWS.

Mr. Rahman, learned Advocate appearing for the State, vehemently opposes the contention advanced by Mr. Majumder. He submits that upon the discovery that no posts had