DEBABRATA DEY Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-3-60
HIGH COURT OF CALCUTTA
Decided on March 26,2021

Debabrata Dey Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SUBHASIS DASGUPTA,J. - (1.) This is an application under Article 226 of the Constitution of India, wherein the writ petitioners challenged the examination/selection process pertaining to the selection of „Gram Panchayat Karmee‟ held on 30th November, 2019, for filling up a good number of vacancies to the said post, alleging that the respondents authority had changed the rules of game, subsequently after commencement of the game by introducing negative marking system and also setting questions in the questions- answers booklet, disproportionate with Class-VIII standard of West Bengal Board of Secondary Education in violation of relevant rules & notifications.
(2.) At the very threshold of this case, it may be mentioned over here that since there was delay caused in the conduction of selection process, a writ application being WPA No. 253 of 2019, was taken out, and pursuant to the direction of WPA 253 of 2019, disposed of on 21.08.2019, the examination for the post of „Gram Panchayat Karmee‟ was held on 30th November, 2019. A result was thereafter published on 10th December, 2019.
(3.) The contention of the writ petitioners is on two folds: (i) That the rules of the game have been subsequently changed after the commencement of the game without letting the writ petitioners know that there may be negative marking in the selection process. (ii) That the questions set up were hard, tough and not befitting with the standard of Class-VIII of West Bengal Board of Secondary Education. Upon taking such points the writ petitioners incidentally submitted that since not a single candidate could be found to have been emerged out successful from the said examination, malafide on the part of the respondent authority could be sufficiently perceived by reason of elimination of suitable candidates, who were at the relevant point of time worked as Tax Collecting Sarkars of concerned Gram Panchayat. ;


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