STATE OF WEST BENGAL Vs. BANDAN BAYEN

JUDGEMENT

(1.) Leave granted.

(2.) The only question in this appeal is whether the respondents are governed by the rules for the regulation of the recruitment to the clerical service of the Secretariat and certain other offices of the government of West Bengal issued in Notification No. 2083-F dated 21/7/1954 or the West Bengal Board's Miscellaneous Rules, 1955 for appointment to the Lower Division. The facts are not in dispute. The appellant called for the names from the Employment Exchange in the notification for recruitment. Calling their names, the appellants prescribed passing of the written examinations and typing with 30 w. p. m. speed as qualification apart from other qualifications. Pursuant thereto, the names of the candidates have been sent. 545 candidates were qualified in the written examination and were required to pass the typing test. After conducting the typing test, Respondents 44-189 had passed the test and the other respondents did not pass the test. Consequently, they could not be appointed. When they had approached the High court under Article 226 for necessary directions, the learned Single Judge dismissed the writ petition. But on appeal, the division bench in FMA No. 648 of 1991 by order dated 27/4/1992 set aside the order of the learned Single Judge and directed that the appointment of Respondents 44-189 were not upset. Yet he directed that the respondents be appointed. Feeling aggrieved, this appeal by special leave has been filed.

(3.) Pursuant to our directions dated 2/1 1/1995, the appellants have placed on record the relevant Rules relating to the Schedule 2, 2-A as enumerated in Rule 4 of the Secretariat Rules referred to hereinbefore. In form of notification it is stated in column 3 (c) thus: