EASTERN ZONAL CULTURAL CENTRE Vs. LAIPUBAM UPENDRO SHARMA

JUDGEMENT

(1.) All the above four appeals have been preferred against the judgment dtd. 4/5/2023 passed in two writ petitions heard analogously being WPA 18906 of 2022 preferred by one Laipubam Upendro Sharma (in short, Upendro) and WPA 28493 of 2022 preferred by one Shyama Prasad Chattopadhyay (in short, Shyama). The appeal being MAT 793 of 2023 has been preferred by Eastern Zonal Cultural Centre (in short, EZCC), the appeal being MAT 796 of 2023 has been preferred by one Ashis Kumar Giri (in short, Ashis), the appeal being MAT 838 of 2023 has been preferred by Shyama and the appeal being MAT 845 of 2023 has been preferred by the Union of India (in short, UOI).

(2.) Shorn of unnecessary details the facts are that EZCC, an autonomous body under the Ministry of Culture, Government of India (in short, the said Ministry) published an advertisement dated 17th/23/7/2021 inviting applications for filling up the post of Director, EZCC, Kolkata. Upendro, Shyama, Ashis along with others applied for the said post. As per decision of the said Ministry, a Scrutiny Committee consisting of four members was constituted for scrutiny of the applications received in the office of the Hon'ble Governor of West Bengal cum Chairperson of EZCC. The said Committee held its meeting on 13/5/2022 and prepared a list of eleven suitable candidates out of a total of forty-one applicants for appearing in the interview before the Search-cum-Selection Committee (in short, Search Committee). The Search Committee consisting of six members was constituted as per the Recruitment Rules for the post of Director, EZCC, as would be explicit from the memo dtd. 10/5/2022 issued by the Under Secretary to said Ministry and it conducted the interview on 20/5/2022 virtually in which over and above the eleven short listed candidates, twenty more candidates were interviewed. Five members unanimously prepared a panel in which Ashis stood first and a dissenting member being the Joint Secretary (ZCC, MOC) submitted a separate panel in which one Madhurima Baruah Sen was first. In both the panels, Upendro secured the second position. The panel prepared by the majority members was approved by the said Ministry and the Chairman, EZCC issued the appointment letter in favour of Ashis, the first empanelled candidate, on 5/7/2022. Subsequent thereto, in response to an application dtd. 14/7/2022 submitted under the provisions of the Right to Information Act, 2005, Upendro was forwarded several documents pertaining to the selection process.

(3.) Mr. Gupta, learned advocate appearing for the EZCC submits that the learned Single Judge erred in law in observing that the Governor as the Chairman of the Search Committee chose to override the decision of the Scrutiny Committee and to widen the scope of selection process by interviewing 20 candidates over and above the eleven candidates short- listed by the Scrutiny Committee. The Search Committee, having the expertise, was not divested of the authority to scrutinise the acts of the Scrutiny Committee.