Rejaul Karim v. State Of West Bengal And ORS.

03.08.2023 Item No.27 Ct. No. 238 AKG WPA 14041 of 2023 Rejaul Karim Vs.

The State of West Bengal & Ors.

Mr. Soumya Sankar Chini ...for the Petitioner Mr. Soumya Majumder, Ms. Sanjukta Dutta ...for the University Ms. Manika Pandit ...for the State The petitioner applied for the post of Junior Assistant-cum-Typist at Jadavpur University. It is the grievance of the petitioner that though he scored much higher marks than the selected candidates, the university has wrongfully denied him appointment to the relevant post.

The petitioner suggests that his score was seventy five in the written test and five in the interview, while respondent no. 5, who was selected, scored sixty three in the written test and fifteen in the interview. Despite scoring higher marks, the university declined to appoint him.

The university has filed a report. The report suggests that the executive council of the university framed a recruitment rules for the relevant selection process which provided, inter alia, that the

candidates would be screened on the basis of a written test and thereafter the selected candidates will be appointed on the basis of their performance in the interview.

Since admittedly, the petitioner's score in the interview was lesser than that of the selected candidates, it cannot be said that the petitioner has been illegally denied his right to appointment. The petitioner has challenged the recruitment rules, but possibly after participation in the selection process, as an unsuccessful candidate, he may not have the standing to challenge the same.

Accordingly, WPA 14041 of 2023 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.)