DIP SARKAR Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition is filed challenging an order dtd. 13/4/2022 passed by the West Bengal Administrative Tribunal in OA 173 of 2022 refusing to pass an interim order and directing the affidavits to be exchanged and the matter to be disposed of finally.

(2.) The challenge is made to an advertisement published on 21/1/2021 for recruitment to different posts of Medical Technologist Grade - III under the Department of Health & Family Welfare, Government of West Bengal. The challenge is restricted on the distribution pattern of the marks where the marks were decided to be awarded to such Medical Technologists, who have gained experience in the State Government service as a permanent or contractual employee and no marks was decided to be awarded to the Medical Technologists, who acquired experience while working in private organization.

(3.) It appears that the said grievance was raised by the petitioners immediately after the said advertisement having published with the Secretary of the Department of Health & Family Welfare, Government of West Bengal and subsequently the Tribunal was approached on the inaction on the part of the said authority to take decision thereupon. The Tribunal disposed of the application directing the consideration and disposal of the said representation and by a reasoned order dtd. 2/3/2022 the Secretary and Controller of Examination, West Bengal Health Recruitment Board upheld the decision of the authorities in awarding marks on experience in the State Government Sector. The said reasoned order is assailed in the instant writ petition primarily on the ground that the authorities cannot create a class within the same class. It is further contended that though the same is permissible but there must be a reasonability, rationality and intelligible differentia weeding out of sec. from the homogeneous class with another sec. which is conspicuously absent in the instant case.