BANDANA BAYAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Single Judge in CO. No. 5781(W) of 1990 arising out of a writ application filed by the Appellants writ Petitioners challenging the selection and appointment to the post of Lower Division Clerks in the office, of the Settlement Officer, now designated as District Land and Land Reforms Officer. The short facts of this case are that the District Land and Land Reforms Officer, Purulia, sent a requisition for sending the names (sic) suitable candidates from the Purulia Employment Exchange for appointment in the vacancies of 194 Lower Division Clerks in his office. The Employment Exchange. Officer after sorting out the applications and after holding typing test, sent the names of about 1700 candidates including the Petitioners. The fifty writ Petitioners along with other candidates sat for the written test in the subjects, namely, English, Bengali, General Knowledge and Elementary Mathematics, each having maximum marks of 20 making the total marks 80. After such written test a panel of S17 candidates was prepared and the names of the writ Petitioners appeared in. the top of such panel. Such list was published on December 24, 1989. On December 29, 1989, they were asked by the authority concerned in writing to appear for typing test which was scheduled to be held on January 16, 17 and 18, 1990. It is contended by the writ Petitioners that after their empanelment following the result of written test, the call of the authority concerned to appear in the typing test was illegal, arbitrary and mala fide. It is the case of the Petitioner that in the typing test, they were required to type 30 words on the average in a minute. Thereafter, on March 12, 1990, a list of successful candidates was allegedly published by the authority concerned. The Petitioners were surprised to know that although they were successful In the written test their names were not found in such panel. On their protest the panel was kept in abeyance and no appointment was made. As they apprehended that the appointment may be made on revocation of the order of abeyance of the panel in time they moved the High Court in writ jurisdiction for a writ of mandamus directing the authorities to make appointment of the writ Petitioners to the post of Lower Division Clerks from the panel published after the written test and also for other relief 's They also prayed for interim order restraining the Respondents authorities from giving any appointment.

(2.) Their further contention is that the typing test for the selection of the candidates in the posts of Lower Division Clerks or Assistants could not be mandatory as they already passed the first typing test conducted by the Employment Exchange which sponsored them for the written test for the purpose of selection. According to them, the second typing test was illegal and arbitrary. The letter issued by the authorities concerned for the purpose of written test to the writ Petitioners (Annexure B) dated December 2, 1989, it is stated, did not contain any direction for appearance in typing test although they were informed that for the purpose of selection they were to appear on written test on the subjects mentioned. The Petitioners secured more than 60 on average out of total marks of 80 and after the publication of panel of successful candidates in the written test, they expected that they would be appointed to the post according to available vacancies in order of merits. The authorities concerned, however, issued another letter (Annexure C) dated December 29, 1989, intimating that they had been selected for typing test on the basis of written test held on December 24, 1989. According to them this letter had no legal basis and was motivated only to frustrate their claim for appointment.

(3.) The Respondent, State of West Bengal, and the District Land and Land Reforms Officer, Purulia, in their joint affidavit -in -opposition denied the allegations of the writ Petitioners on material particulars and contended that for selection of lower Division Assistants, the Type Test (at a speed of 30 words per minute) was an essential qualification according to the rules contained in The West Bengal Board's Miscellaneous Rules, 1955. It was further disclosed that no panel was prepared in order of merit after written test and that only after the type test, the list of successful candidates were prepared and published and that out of 50 candidates only 11 candidates obtained 60 % marks in the written test and that they could not qualify in the typing test. The list was published in order of merit after taking the overall performance of the candidates in the written and typing test. On the objection of the unsuccessful candidates, the list was kept in abeyance. Ultimately, result was published, and letters were sent to successful candidates for their medical examination.