Reserved Category Candidates Secure Unreserved Posts Based on Merit; Petitioners' Claims Rejected
In a significant ruling, the Calcutta High Court has dismissed a writ petition challenging the inclusion of reserved category candidates in unreserved positions despite availing relaxed standards during the selection process for Junior Engineers (Civil) in the West Bengal Subordinate Service of Engineers. The petition, filed by Koushik Chatterjee and others, was aimed at overturning a decision by the West Bengal State Administrative Tribunal.
The case revolved around the recruitment process initiated by the Public Service Commission, West Bengal, through Advertisement No. 5 of 2016. The petitioners had contended that the inclusion of reserved category candidates in the unreserved merit list, despite benefiting from relaxed standards in the personality test, was unlawful. They also alleged that vacancies in certain departments were not advertised, and sought appointments based on merit against available vacancies.
However, the Division Bench, comprising Justices Madhuresh Prasad and Prasenjit Biswas, held that the aggregate marks obtained in written and personality tests formed the basis of merit in the recruitment process. The court found no prohibition under the rules against considering reserved category candidates for unreserved positions if they secured higher aggregate marks than unreserved candidates.
The court further noted that the Public Service Commission could only advertise vacancies reported by government departments. The petitioners' claim for unadvertised vacancies was deemed without merit, as the concerned departments had not reported any vacancies.
Additionally, the court rejected the petitioners' alternate plea for appointment based on merit without disturbing selected candidates, highlighting that they had not demonstrated being next in merit after the last selected candidate. The court emphasized that the petitioners had not suffered any hardship as alleged and upheld the Tribunal's decision.
The judgment underscores the importance of merit-based selection processes and the adherence to established recruitment rules and policies, reinforcing the legal framework governing public sector appointments.
Bottom Line :
Reserved category candidates who secure higher aggregate marks, including relaxed standards in the personality test, can be considered for unreserved vacancies if no rules or policies explicitly prohibit such placement.
Statutory provision(s):
- Employment Notice No. 5 of 2016 by PSC West Bengal
- Right to Information Act, 2005
- Scheme and Syllabus for the recruitment process
- Relevant decisions in the cases of Sahim Hossain v. State of West Bengal and Union of India v. G. Kiran
Koushik Chatterjee v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2951683
