- (1.) THIS is an application under Article 227 of the Constitution of India challenging an order dated December 14, 2011 passed by the West Bengal Administrative Tribunal, in Original Application No. 1130 of 2010.
(2.) THE writ petitioners applied for selection in the posts of constable/shepoy. There was a selection process and the candidates, who secured minimum marks of 50% (per centum) were included in the panel.
(3.) HAVING regard to the number of vacancies available, the authorities fixed up cut off marks or benchmarks for general category candidates, scheduled caste candidates and other backward classes candidates. The department, also, followed the procedure if two or more candidates obtain the same benchmark, the older among them shall be given employment. The petitioners failed to get benchmarks and, therefore, could not be appointed. The tribunal, however, disposed of the original application by directing that in view of the available vacancies the writ petitioners should be considered for appointment provided no fresh recruitment process has started.;