Sk Badiruddin Sk. & ORS v. State Of West Bengal & ORS

13.3.2023 Ct.19/sl.2 sn W.P.A. 12600 of 2019 Md. Badiruddin Sk. & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Golam Mastafa Mr. T. S. Samanta Mr. S. Sardar ..for the petitioners Despite service, none appears on behalf of the State respondents.

The petitioners allegedly participated in a selection process for being appointed as " District Level Trainer" under Anandadhara project. The petitioners were in the knowledge that candidates had applied, out of which 88 candidates were short listed for the written examination. The petitioners were short listed at serial numbers 13,14,50 and 52. The short listed candidates appeared at the written examination. Thereafter, the petitioners were called for interview. Their names had appeared in the list of candidates, who had been called for such interview.

The contentions of the petitioners are that they had performed well and should have been appointed. 30 candidates belonging to the reserved and unreserved category had been finally selected and they were allowed to join the post.

The petitioners are aggrieved as they were not granted appointment.

The writ petition is based on self-assessment of the petitioners. They have reasons to believe that they were better candidates, but were wrongly left out for oblique reasons. Individual assessment of their capability and performance is the foundation of the writ petition. As such, mandamus cannot be issued directing the respondents to appoint the petitioners. There is nothing on record, which indicates that the authorities had either violated the rules or regulations or were biased. Bald allegations have been made that the petitioners were wrongly deprived and a pick and choose method had been adopted by the authorities. These allegations are however unsubstantiated as no documents have been disclosed in the writ petition to justify such claim.

Under such circumstances, the prayers in this writ petition cannot be allowed.

The Additional District Mission Director, N.R.L.M. and Project Director, D.R.D.C., Malda or any other authority having knowledge of the entire process, is directed to intimate the petitioners the reasons as to why they were not selected. Total marks obtained by each of the petitioners and the lowest marks obtained by the last candidate as per

the final list in the category to which the petitioner(s) belong, shall be communicated. Such information shall reach the petitioners within eight weeks from the date of communication of this order.

This writ petition is disposed of.

There will be, however, no order as to costs. All parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)