AMITA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ petition under Articles 226 and 227 of the Constitution of India has assailed the method of selection for the post of Lady Constables in the Railway Protection Force and has prayed for quashment of the order of appointment of Opposite Parties Nos. 4 to 10, a direction to Opposite Parties Nos. 2 and 3, to issue appointment order in her favour and to grant all consequential service benefits.

(2.) THE factual background on which the case of the petitioner rests may be stated as follows : - In pursuant to an advertisement published in daily newspaper "The Sambad" dated 30.11.1996 for filling up of 30 posts of Lady Constable under South Eastern Railway applications were invited. Out of 30 posts, 15 posts were reserved for General candidates, 4 for S.C. candidates, 3 posts for S.T. candidates and 8 posts were reserved for OBC candidates. The petitioner who is a Milkman (Gopala) by Caste and belongs to OBC category applied to be appointed as Lady Constable in the said category. After usual scrutiny, she was directed to attend physical test on 11.8.1997 at Kharagpur Stadium and on the very same day written test was also conducted. The result of the physical and written tests was published in daily newspaper "The Samaj" on 16.9.1997, wherein she was declared selected. The petitioner was thereafter directed to attend the viva voce test on 18.9.1997 at R.P.F. Training Centre, Khaaragpur and accordingly she attended the viva voce test. After appearing in all the tests the petitioner expected that she would definitely come out successful in the tests for the post of Lady Constable in the OBC category. But unfortunately, her name did not find place in the final list of selected candidates in the OBC category. She came to know from her friend one Renubala Sahu that medical test of all the selected candidates would commence on 12.1.1998 and getting such information she rushed to the Chief Security Commissioner, Railway Protection Force, Garden Reach, Calcutta (O.P. No.2) and met him at his office and complained against the arbitrary action of the Selection Board. She also complained that though her name was at Serial No.1 in the select list, she was not given appointment to the said post and the candidates securing less marks had been directed to attend the training. It is stated in the writ petition that 8 posts of Lady Constable were to be filled up in the OBC category as per the advertisement and after the written test was over there were only 6 candidates who were directed to face viva voce test and as such she expected that since there were 8 posts to be filled up and six candidates were in the fray all would get the order of appointment. It is also stated by her that although she had come out successful and was placed at Serial No.1, she was not given appointment whereas O.P. Nos.4 to 9 belonging to other categories got appointment in clear violation of the Constitutional mandate enshrined under Articles 14 & 16 of the Constitution. She has also alleged in the writ petition that O.P. No.10 Swagatika Behera, who belongs to the S.C. category and was not selected in the physical test, had been given appointment.

(3.) THE opposite parties except O.P. No. 10 though received notices did not enter appearance. Notice on O.P. No.10 could not be served personally as reported.