SUNIRMAL CHATTERJEE Vs. HONBLE HIGH COURT AT CALCUTTA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 11.8.2003 passed by a learned single Judge of this Circuit Bench. By the said judgment and order under appeal, the learned single Judge was pleased to reject the writ petition filed by the appellant/petitioner challenging the selection process for appointment to the post of Superintendent in the establishment of the Circuit Bench of Calcutta High Court at Port Blair. The relevant facts are as follows:

(2.) Applications were invited from suitable candidates for appointment to the post of Superintendent (hereinafter referred to as the said post) in the pay scale of Rs. 5500-175-9000/- from the employees working in the High Court/District Court/Government department by Employment Notice dated 24.1.2003. Pursuant to such notice, the appellant applied alongwith three other candidates including the respondent No. 4. The appellant was issued a call letter dated 12.3.2001 asking him to appear in the interview. But the candidature of respondent No. 4 was not considered suitable and she was not having requisite experience as Higher Grade Clerk (hereinafter referred to as HGC) and she was not issued any call letter. On the date of interview i.e. 16.3.2003, appellant was asked to appear alongwith one P.N. Unny. The candidature of one P.R. Kumarappan was also rejected as he did not have requisite experience as HGC. Therefore, out of the four candidates who applied, the applications of respondent No. 4 and that of P.R. Kumarappan were rejected as they did not have requisite experience as HGC and two persons were called namely the appellant and one P.N. Unny. But P.N. Unny did not appear in the interview. The petitioner was the only person who was interviewed by the selection committee. These facts are not disputed.

(3.) The Recruitment Rules under which such appointment are to be made were framed by the Hon'ble the Chief Justice in the exercise of powers under clause (2) of Article 229 of the Constitution of India with the approval of the Lieutenant Governor of A&N Islands vide Notification dated 21.12.2001. Those rules are called The Calcutta High Court Services (Circuit Bench at Andaman and Nicobar Recruitment) Rules, 2001 (hereinafter called Circuit Bench Rules). Rule 4 of the said Rules calls for some interpretation and the said Rule 4 is set out below: ?4. Subject to the specific provisions for appointment, promotions and probation as set out in annexure-I to XV to these rules in respect of the posts mentioned therein, the provisions of Calcutta High Court Services Rules, 1960 as amended from time to time dealing with recruitment of persons for the Establishment of High Court at Calcutta shall also apply Mutatis Mutandis.?