Lack of Transparency and Non-compliance with Rules Lead to Overturning of Appointment; Fresh Recruitment Ordered
In a landmark judgment delivered on July 15, 2026, the Calcutta High Court quashed the recruitment process conducted by the West Bengal Public Service Commission (WBPSC) for the post of Keeper at the State Archaeological Museum. The Court found significant procedural irregularities and lack of transparency in the selection process, prompting Justice Krishna Rao to order a fresh recruitment in adherence to the prescribed rules and procedures.
The case was brought before the Court by petitioners Dr. Banani Bhattacharyya and others, who had applied for the position under Advertisement No. 12/2022. Despite possessing higher qualifications and relevant experience, the petitioners were not selected, which led them to question the fairness of the recruitment process. They pointed out that the WBPSC failed to conduct a preliminary screening test and did not disclose the criteria for evaluation or interview marks, thereby violating Rule 5(e) of the West Bengal Public Service Commission Rules of Procedure, 1982.
The Court reviewed the recruitment procedures and found several discrepancies. Notably, the interview marks were not individually assessed by the Interview Board members but rather awarded uniformly, lacking any recorded deliberation or unanimous decision. Furthermore, the Commission did not follow the advertisement's stipulation to conduct a screening test or establish higher benchmarks for shortlisting candidates, despite receiving a large number of applications.
Justice Rao emphasized the importance of transparency and fairness in public recruitment processes, underscoring that the WBPSC, as a constitutional body, must adhere strictly to its procedural rules. The Court directed the Commission to initiate a new recruitment process promptly and consider age relaxation for candidates from the previous recruitment round if requested.
The judgment also addressed the maintainability of the writ petition, given that the petitioners had initially approached the West Bengal State Administrative Tribunal, which was non-functional. The Court affirmed that under such circumstances, the writ petition was indeed maintainable.
This ruling sets a precedent for ensuring that recruitment processes remain transparent and accountable, especially within governmental bodies tasked with public employment. The WBPSC is now tasked with conducting the recruitment afresh, ensuring compliance with established rules to maintain the integrity and trust in public service appointments.
Bottom line:-
Recruitment process for the post of Keeper, State Archaeological Museum under West Bengal Public Service Commission quashed due to non-compliance with recruitment rules, advertisement conditions, and lack of transparency in the interview process.
Statutory provision(s):
- West Bengal Public Service Commission Rules of Procedure, 1982
- Administrative Tribunals Act, 1985
- Right to Information Act, 2005
Dr. Banani Bhattacharyya v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2941385
