Vicky Wilson And ANR v. The Andaman And Nicobar Administration And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/204/2024 Vicky Wilson and Another Vs The Andaman and Nicobar Administration and Others Mr.Anjili Nag ... for the petitioner Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 12, 2024 [SR] Item No.11 The petitioners applied for the post of Draughtsman Gr.II in Port Blair Municipal Council. They participated in the written examination and succeeded. However trade test was not conducted in respect of the petitioners on the ground that they are not holding two years certificate course in draughtsmanship. Being aggrieved, the petitioners are before me. They say that they hold three years Diploma in Civil Engineering which is a higher qualification than the two years certificate course in draughtsmanship. In fact, the entire syllabus covered by the two years certificate course is also covered by the three years Diploma in Civil Engineering.

I had granted time to learned advocate for the Port Blair Municipal Council to obtain instruction. Today learned advocate points out from page 56 of the writ petition that other persons similarly circumstanced as the present petitioners had been permitted to participated in the trade test.

In view of the aforesaid, I see no reason to refuse an opportunity to the petitioners to participate in the trade test. It is not that this Court is directing the Port Blair Municipal Council to appoint the petitioners. Only if the petitioners are successful in the trade test, the question of appointment would arise. I am conscious that in the event the petitioners succeed in the trade test and it is found that they are on an overall assessment in better position than the private respondents, the service of the private respondents may be affected. However, I cannot do much about that since in spite of service the private respondents have chosen not to participate in the present proceeding. Accordingly, I direct the respondent authorities to conduct trade test in respect of the petitioners and thereafter take appropriate decision in the matter, in accordance with law. Let this exercise be completed within a period of eight weeks from date.

WPA/204/2024 is disposed of accordingly.

( Arijit Banerjee, J. )