Pijush Mitra v. State Of West Bengal & ORS

25.11.2022 Item No. 108 Ct. No. 238 AKG WPA 1190 of 2019 Pijush Mitra

Versus

State of West Bengal & Ors.

Ms. Dona Ghosh, Mr. Rananeesh Guhathakurata ...for the Petitioner Mr. Soumya Majumder, Ms. Sanjukta Dutta ...for Jadavpur University The petitioner applied for the post of Peon at Jadavpur University. He was not successful in the selection process. In this writ petition he had challenged the selection of respondent no. 5. Subsequently, an amendment application was filed to challenge the relevant recruitment procedure. The said application was allowed by this Court by an order dated June 15, 2022.

The University has produced the relevant documents pertaining to the selection in question. The documents disclosed by the University were made over to the learned advocate for the petitioner. The said documents make it clear that the petitioner was one of the selected candidates in the written test. The written test was conducted only for the purpose of screening. In the interview, the petitioner was not successful. Appointment was given to respondent no. 5.

It appears from the documents produced by the University that the petitioner in the written test scored 59 and in the interview, he was given an average marks of 13.5. Respondent no. 5 scored 56 marks in the written test and in the interview, he was given an average marks of 22.

Though the challenge was thrown to the recruitment rule by way of amendment of the writ petition, nothing has been argued on behalf of the writ petitioner to sustain the challenge. The relevant recruitment rule, which has been framed by a resolution of the Executive Council of the University, provides that the candidates will be screened on the basis of a written test and thereafter the selected candidates will be appointed on the basis of his performance in the interview.

The petitioner suggests that the selection should have been made on the basis of the marks obtained in the written test as well as on the basis of performance in the interview. There is no substance in the argument. The combined score of the private respondent no.5 is above the score of the petitioner.

Accordingly, WPA 1190 of 2022 is dismissed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Kausik Chanda, J.)