Dipendu Biswas v. State Of West Bengal And ORS.

11.12.2023.

Court No.13 Item No. 14 ap W.P.A. No. 26312 of 2023 Dipendu Biswas

Versus

The State of West Bengal & Ors.

Mr. S. N. Biswas.

...For the petitioner.

Mr. Tapan Kumar Mukherjee, Mr. Somnath Naskar.

...For the State.

Mr. Sumit Kumar Panja, Mr. Sumit Ray.

...For the WBSETCL.

1. The two reports have been filed before this Court as directed in the order dated 23rd November, 2023.

2. The reports clearly indicate that under the Unreserved P.W.D.-LV Category, there were only two candidates including the petitioner who were available and they both were called for interview. The petitioner secured 55.667 marks. The other candidate, namely, Ahed Reja secured 66.667 marks.

3. The said Ahed Reja was also in the OBC-"A" Category. The said category was filled up by five several candidates in order of merit from the list of OBC - "A" candidates.

4. The petitioner secured 55.667 marks and was placed at the bottom of the merit list of 73 candidates. Since there was only one post reserved for PWD-LV candidates, Ahed Reja was given the post based on his

higher marks of 66.667 marks. In the merit list, Ahed Reja stood at Serial No.26.

5. The successful candidate came under two special categories i.e. OBC- "A" and blindness and low vision. The OBC - "A" vacancies had been filled up. The said Ahed Reja also under the PDLV category stood with higher marks than the petitioner and hence was given the only post vacant and earmarked for the PWD-LV Category. This Court does not find any infirmity in the rejection of the petitioner's candidature.

6. The other report produced in confidence before this Court has been carefully scrutinized and is returned back to the WBSETCL duly sealed.

7. In those circumstances, no relief can be granted to the petitioner in this writ petition and the instant writ petition is disposed of without any order.

8. There will be no order as to costs.

9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)