IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay W.P.A. 18035 of 2011 Debabrata Jana -Vs-

State of West Bengal & Ors.

For the Petitioner : Mr. Kanailal Samanta For the State : Ms. Debarati Sen (Bose)

Heard and Judgment on : 25.08.2025 Ananya Bandyopadhyay, J.:-

1. The matter is taken up for dictating judgment in Open Court in the presence of the Learned Advocates representing both the parties.

2. The petitioner registered himself for enlistment at the Office of the District Employment, Tamluk, i.e. Employment Exchange on 28.12.1990. An employment exchange card was issued in his favour. By virtue of the enlistment, as aforesaid, the petitioner applied for the post of Clerk-cum- Typist at the Office of the President, District Consumer Disputes Redressal Forum (hereinafter referred to as DCDRF), District – Purba Medinipur. Consequently, on receipt of a letter dated 05.11.2008 from the concerned Forum, as aforesaid, the petitioner appeared for the written test as well as English type test.

3. The petitioner claimed to have performed comparatively better in the type test. In reply to an application filed by the petitioner on 26.09.2009 under the provisions of the Right to Information Act, 2005, the concerned Forum, as aforesaid, replied the petitioner to have secured 10th position in the selection list concerning the written test and the first position in respect of the type test. Moreover, the reply did not mention the final decision of selection/approval with regard to the appointment of the petitioner.

4. The petitioner, thereafter, communicated several representations to the Principal Secretary, Consumer Affairs Department for finalization of the final selection list for appointment to the post of Clerk-cum-Typist, as aforesaid, on 12.04.2010, 24.05.2010, 06.07.2010, 01.10.2010 respectively. The President of the aforesaid Forum, Purba Medinipur vide a communication dated 22.11.2010 intimated the petitioner, the names of 10 candidates and the respective marks obtained by them in the written as well as the type test.

5. The petitioner contended to have been qualified in both the aforesaid tests as reflected in the reply dated 22.11.2010. Moreover, since the petitioner had been the exceptional candidate to have been qualified in both the aforesaid tests out of 10 candidates, he should have been selected for appointment to the post of Clerk-cum-Typist, which had been otherwise denied by the Forum, as aforesaid, through issuance of an appointment letter in his favour, to address his grievance.

6. The petitioner further requested the Principal Secretary, Consumer Affairs Department and the President, DCDRF, Purba Medinipur to issue an appointment letter for his induction in the service. Through a communication dated 23rd December, 2010, the President, DCDRF, Purba Medinipur stated the merit list of qualified candidates eligible for the post of Clerk-cum-Typist, as aforesaid, had been forwarded to the Government of West Bengal Consumer Affairs Department for appropriate action and grant of approval to the same was awaited. A copy of the said communication forwarded to the aforesaid Department was further forwarded to the petitioner for his information.

7. The petitioner subsequently filed a writ petition being WP-1033(W) of 2011 under Article 226 of the Constitution of India seeking appropriate relief which was disposed of by an order dated 04.05.2011 directing the Secretary to the Government of West Bengal, Consumer Affairs Department to decide the panel in accordance with law within a period of six weeks from the date of communication of the order.

8. By an order dated 25.08.2011, the Principal Secretary intimated the panel prepared by the selection committee was cancelled with a further information that the post of Clerk-cum-Typist was to be filled up on the basis of recommendation of the Public Service Commission negating the scope to appoint the petitioner in the