MANDIRA CHATTERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties and with their consent this writ application is being disposed of at this stage itself.

(2.) IN order to appreciate the cases of the parties, some background facts, which are not in dispute, are stated herein - below: ''

(3.) THE main grievance in those writ petitions were directed against the selection of such candidates, who had failed in the written (screening) test. It was contended on behalf of those writ petitioners that the written screening test was part of selection process and those, who failed in such test, could not have been selected subsequently on the basis of interview and past experience. Some of the relevant observations and findings of the said judgment, which are necessary for just decision of this case, are quoted herein -below: '' "I do not wish to go into the question as to whether the petitioners of the earlier cases had also applied pursuant to the initial advertisement of 1990 and appeared in the screening test which was held on 9.11.97, that is, prior to the issuance of the corrigendum on 22.2.98. The grievance of the petitioners being that even such candidates who appeared in the screening test but failed have been finally selected on the basis of interview and the past work experience. I wish to confine myself to the question as to whether it was permissible. In other words, the part -time lecturers desirous to regularization of their services were required to participate in the selection process alongwith the others but with certain advantages on account of past work experience. They were thus required to appear in the screening test. As a matter of fact, they did appear in the screening test, some of whom did not succeed and that is the grievance in these cases. .... The most significant aspect of the case is that such part -time lecturers who appeared at the screening test and took chance of success, cannot be allowed to say that for them there was no necessity of holding screening test and they could be selected only on the basis of interview or work experience. In the above premises, the conclusion is irresistible that such of the part -time lecturers who appeared in the written (screening) test held on 9.11.97 but failed, cannot be treated as eligible for being called for interview and be finally selected for appointment. I would therefore, clarify that if as a result of the aforesaid finding, the selection/recommendation of any part - time lecturer is to be withdrawn, the Commission would be well advised to give notice to them before taking such action."