IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Madhuresh Prasad And The Hon’ble Justice Supratim Bhattacharya MAT 211 of 2023 Food Corporation of India & Ors.

Vs.

Sourav Roy & Anr.

For the appellants : Mr. Mr. Devojyoti Barman, Mr. Gopal Roy For the respondents : Mr. Bikramaditya Ghosh, Mr. Debasish Mukhopadhyay, Mr. Saumyajit Laskar Judgement on : July 23, 2025 MADHURESH PRASAD, J.:

1. The writ petition filed by the petitioner has been allowed by the writ Court and a direction has been issued to appoint the petitioner on the post of Assistant Grade-III (Technical) in North Zone subject to fulfilment of other formalities within a period of 4 weeks from the date of the order passed in the writ proceedings.

The judgment of the writ Court is dated 14.06.2023.

2. The judgment of the writ Court has been put to challenge in the present appeal. The appellant was the respondent in the writ proceedings.

3. The appellant Food Corporation of India (hereinafter referred to as “FCI” for short) published an advertisement bearing Advertisement No. 1/2019 inviting applications from candidates desirous of appointment in different categories, including the post of Assistant Grade-III (Technical). The advertisement is dated 23.02.2019. The petitioner made his application in response to the advertisement claiming his candidature in a Reserved Category namely the Economically Weaker Sections (EWS).

4. The examination was in two phases. In the Phase 1 examination, the petitioner by virtue of his performance (merit) secured 75.25 marks and qualified.

5. He, thereafter participated in the Phase 2 examination. In the Phase 2 examination he secured 99 out of total 240 marks and was thus placed in the list of selected candidates at serial No. 147 against the reserved category claimed by him (EWS). The authorities prepared two lists namely “Selected List” and “Waiting List”. The petitioner was placed in the Select List under the Reserved Category (EWS). The petitioner thereafter was called for document verification on 25.02.2020, when it was found that he had not submitted a valid EWS certificate for the relevant year (2018-2019) or for (2019-2020). He submitted an undertaking for submission of the same.

6. In view of one letter dated 24.12.2020 issued by the Headmaster, the petitioner was given an opportunity, and by an e-mail dated 04.01.2021 was called for submission of valid EWS certificate. The petitioner was required to produce a certificate valid for the year 2018-2019, issued on basis of income for the financial year 2017- 2018. Another certificate in respect of the year 2019-2020 was also to be submitted, issued on the basis of income for the financial year 2018-2019. In spite of opportunity being given, the petitioner failed to submit the EWS certificate.

7. The respondent authorities in the above circumstances gave a last opportunity to the petitioner vide e-mail notice dated 04.02.2021 to submit a valid EWS certificate by 12.02.2021. The e-mail clearly specified that in case of non-submission of valid EWS certificate the petitioner’s candidature will be cancelled without any further communication/ opportunity.

8. Two days prior to the last date for submission of valid EWS certificate the petitioner submitted an affidavit dated 09.02.2021. As per the affidavit, the petitioner claimed that he did not avail any relaxation in the Phase 1 examination. In the circumstance his candidature cannot be cancelled and he should be considered in the Waiting List of Unreserved Category candidates on the basis of his merit/ performance in the Phase 2 examination. As per the affidavit of the petitioner, though he had participated in the recruitment process claiming benefit of reservation as an EWS candidate, he now did not want to avail the benefit of reservation.

9. The respondent authorities published a notification dated

11.03.2021 cancelling the petitioner’s candidature due to non- sub