Nilamoy Adhikary v. State Of West Bengal

WP.ST 327 of 2013 Shri Prasanta Kumar Mondal Vs.

The State of West Bengal & Ors.

Mr. Pratip Kumar Chatterjee ... for the petitioner.

Mr. Tapan Kumar Mukherjee, Ld. Sr. Advocate & Ld. AGP Mr. Somnath Naskar Ms. Tuli Sinha ... for the State.

With WP.ST 18 of 2016 Sri Nilamoy Adhikary Vs.

The State of West Bengal & Ors.

Mr. D. Saha Roy Mr. Tanoy Chakrabvorty Mr. Rajiv Lochan Chakraborty Ms. Vaswati Chakraborty ... for the petitioner.

Mr. Tapan Kumar Mukherjee, Ld. Sr. Advocate & Ld. AGP Mr. Somnath Naskar ... for the State.

Two writ petitions are taken up for consideration as ML-13 wt 14 04.09.2023 Court No.5 (AD) they emanate out of the same order of the Tribunal dated April 8, 2013 passed in OA-594 of 2012.

Four persons approached the Tribunal by way of OA594 of 2012. Such persons participated in a selection process for the post of Lower Division Clerk. The recruitment drive was undertaken in 2007.

A slew of litigation followed the recruitment process.

Ultimately, the impugned order was passed where, the claim of the original applicants for appointment was negated.

We perused the records produced in the two writ petitions.

We find that, the writ petitioners before us scored same marks as the last person who was given appointments. However, the writ petitioners before us scored less in the type test.

It is contended that, the type test was never taken into consideration as a determining factor.

With respect, we are unable to agree with such contention raised on behalf of the writ petitioners. Initially a written examination was taken and, thereafter, a type test. Type test, therefore, was of a determining factor.

Since both the petitioners before us scored less in the type test than the last person appointed in the selection process, we find no merit in the two writ petitions. WP.ST 327 of 2013 and WP.ST 18 of 2016 are dismissed without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)