- (1.) Leave granted.
(2.) The only question in this appeal is whether the respondents are governed by the rules for the regulation of the recruitment to the clerical service of the Secretariat and certain other offices of the government of West Bengal issued in Notification No. 2083-F dated 21/7/1954 or the West Bengal Board's Miscellaneous Rules, 1955 for appointment to the Lower Division. The facts are not in dispute. The appellant called for the names from the Employment Exchange in the notification for recruitment. Calling their names, the appellants prescribed passing of the written examinations and typing with 30 w. p. m. speed as qualification apart from other qualifications. Pursuant thereto, the names of the candidates have been sent. 545 candidates were qualified in the written examination and were required to pass the typing test. After conducting the typing test, Respondents 44-189 had passed the test and the other respondents did not pass the test. Consequently, they could not be appointed. When they had approached the High court under Article 226 for necessary directions, the learned Single Judge dismissed the writ petition. But on appeal, the division bench in FMA No. 648 of 1991 by order dated 27/4/1992 set aside the order of the learned Single Judge and directed that the appointment of Respondents 44-189 were not upset. Yet he directed that the respondents be appointed. Feeling aggrieved, this appeal by special leave has been filed.
(3.) Pursuant to our directions dated 2/1 1/1995, the appellants have placed on record the relevant Rules relating to the Schedule 2, 2-A as enumerated in Rule 4 of the Secretariat Rules referred to hereinbefore. In form of notification it is stated in column 3 (c) thus: "Qualification required.- School Final or its equivalent. Must have knowledge in English Typing with a minimum speed of 30 words per minute. Such knowledge in typing is not essential for the physically handicapped persons. "under Rule 65 of the West Bengal Board's Miscellaneous Rules, 1955 qualifications for permanent appointment to the Lower Division are specified of which Condition (d) provides that: "In the case of vacancies in the district or sub-divisional offices an examination of candidates should be held after due notice within the period mentioned in Rule 62 to select the best persons for the posts. The examination will be held in English and Bengali to test (a) handwriting, (b) knowledge in English and Bengali, (c) general knowledge and intelligence. There will be one paper to be answered in two hours. The test for typewriting will be for half an hour. A candidate should be able to transcribe accurately from legible handwriting at a rate of not less than 30 words per minute and the paper will be marked on the basis of a penalty of five words for every mistake e. g. misspelling, wrong spacing, wrong paragraphing, one letter typed over another, etc. The manuscript will be such as is used in ordinary government correspondence and the percentage of errors permissible shall not be more than 5 per cent. The examinations should be held by the District Officer or by any senior Gazetted Officer to whom he may delegate the duty. "as noted earlier, pursuant to the advertisement and prescription of the qualification. Respondents 1 to 43 had appeared and sat for the examination. They were qualified in the written examination. They had also appeared for the typing test and therein they were not qualified. The question thus emerges whether the West Bengal Services (Secretariat Common Cadre) Rules, 1984 (for short 'the Rules') issued under proviso to Article 309 of the Constitution would be applicable to the method of recruitment of LDCs to be appointed in the district and sub-divisional offices. The Rules themselves clearly envisage that they are applicable to Secretariat Common Cadre Rules. Rule 4 which is relevant in this case postulates that notwithstanding the provisions of the West Bengal (Classification, Control and Appeal) Rules, 1971, the competent authority to make the recruitment is envisaged in Rule 7. Rule 4 would be applicable to the list of departments specified in the schedule. Schedule has been appended and clause (iv) envisages "Department of Land and Land Reforms". At the end it is stated under the head 'offices' "1. Board of Revenue, West Bengal".;