Marjina Khatun v. The State Of West Bengal And ORS.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 20 28.8.2023 Sc Ct. no. 2 WPA 1619 OF 2023 ------------- Marjina Khatun Vs.

The State of West Bengal & Ors.

Mr. S. M. Obaidullah Ms. Ankita Dey.

....For the Petitioner Mr. Subir Kumar Saha Mr. Momenur Rahman.

....For the State Mr. S. M. Obaidullah, learned advocate appeared for the petitioner.

Mr. Momenur Rahaman, learned advocate led by Mr. Subir Kumar Saha, learned Additional Government Pleader appeared for the respondents. The petitioner in 2009 applied for the post of Anganwadi Helper under the category Other Backward Class (for short "OBC"). The petitioner did not produce her OBC Certificate at that juncture. By a communication dated March 14, 2022 issued by the respondent no.7, AnnexureP2 at page 16 to the writ petition the petitioner was provisionally appointed subject to the terms and conditions mentioned therein. The provisional appointment was made under General

Category. By a communication dated May 27, 2022 issued by the respondent no.7, Annexure-P3 at page 17 to the writ petition, the State authority had asked the petitioner to produce and submit the relevant document in connection with her candidature in terms of the recruitment notice dated November 20, 2009. The petitioner was asked to produce all relevant documents including the OBC Certificate on June 8, 2022. The petitioner on June 8, 2022 then produced the relevant OBC Certificate which was issued by the jurisdictional authority dated March 17, 2022, Annexure - P5 at page 20 to the writ petition. On March 14, 2023 the respondent no.7 passed the impugned order, Annexure-P4 at page 18 to the writ petition cancelling the provisional appointment of the petitioner on the ground of non-production of OBC Certificate.

The said impugned cancellation dated March 14, 2023 is assailed through the instant writ petition.

Learned advocate for the petitioner has relied upon a decision of a coordinate Bench dated June 7, 2023 rendered in WPA 1064 of 2023 in which the relevant certificate in question was Scheduled Caste/Scheduled Tribe Certificate. He submitted that, in view of the said decision of the coordinate

Bench which is still governing the field, the instant writ petition should be allowed.

Learned advocate for the State submitted that, the appointment made by the State authority in favour of the petitioner was provisional and the terms therein specifically mentioned under Clause 7 of the Provisional Appointment Letter that, if the candidate fails to comply with the terms of appointment either by suppression or by misrepresentation of any information, candidature shall be cancelled. He submitted that, in due application of law and the provisions for appointment, the Provisional Appointment for the petitioner was cancelled on the ground that, the petitioner did not produce his OBC Certificate at the relevant point of time of her appointment.

After considering the rival contentions made on behalf of the parties and upon perusal of the materials on record, at the out set, this Court is of the firm view that, whether a candidate is a candidate under the OBC category being an OBC candidate is the result by birth and not otherwise.

therefrom cannot be taken away on any procedural ground. Issuance of certificate by the appropriate State authority signifying a candidate being OBC, is merely an administrative work and a procedural job for which a valuable right of an OBC candidate which is otherwise recognized in law and reserved under the employment terms, cannot be taken away.

Upon reading of judgment of coordinate Bench dated June 7, 2023, In the matter of : Parul Bala Das & Ors. -vs.- The State of West Bengal & Ors., relied upon by the learned counsel for the petitioner, I am in respectful agreement with the view and decision thereunder. In the facts of this case, it is admitted that the petitioner has already produced the OBC Certificate before the State authority. Mere delayed production of such OBC Certificate shall not take away the employment of the petitioner. For the foregoing reasons and discussions the impugned cancellation of appointment dated March 14, 2023, Annexure-P4 at page 18 to the writ petition stands set aside and quashed.

With the above observation this writ petition, WPA 1619 of 2023 stands allowed, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)