S.N. Bhattacharjee, J. - (1.) In all the writ petitions the only point in dispute is whether the guideline evolved by the Selection Committee in holding written, type and oral tests for recruitment to the post of Lower Division Clerk under Uttar Dinajpur Collectorate is in contravention of the West Bengal Board of Revenue (Recruitment to the Posts of Lower Division Clerks in the Subordinate Office) Rules, 1992 made by the State Government under Article 309 of the Constitution.
(2.) Sri Prabir Dey and Others who were not called for oral test on the basis of marks awarded in written and type tests filed an application before the Tribunal marked as O.A. No. 441 of 1997 challenging the recruitment process evolved by the Special Committee for having contravened the Statutory Rules of Recruitment particularly in respect of awarding marks in typing test and thereafter clubbing the same with the marks obtained in the written test for the purpose of being called for oral test in order of merit in 1 : 2 ratio. According to the petitioners before the Tribunal, they qualified themselves in written test but were not called for oral test only because they lagged behind others in type-test although they have the requisite type speed of more than 30 words per minute. It has been further alleged that this guideline was not communicated to them before the type- test was held. A similar application was filed by Sri Subroto Deb, the petitioner of O.A. No. 876 of 1997. The petitioners prayed for cancelling the appointments, if any, given on the basis of the results of such examination and for a direction to hold fresh test in accordance with the rules for recruitment. The successful candidates who were given appointments were, however, not impleaded as parties before the Tribunal. Both the applications were disposed of by a common judgment dated 12.10.1999 by the learned Tribunal.
(3.) The State contested the applications contending, inter alia, that the applicants passed only written test but failed in type-test and as such they were not selected for oral test being automatically disqualified for appointment to the post of Lower Division Clerk (for short LDC). According to the respondent, "recruitment procedure which was followed was as under : (i) Written Test for all candidates who are sponsored by the local Employment Exchanges on requisition. (ii) Type Test among the candidates who qualify in the written test. To qualify in the said Type Test, a candidate must transcribe 30 words per minute. If a candidate fails in Type Test for not transcribing the minimum 30 words per minute he cannot be called for subsequent stage. So passing in Type Test is essential." Further contention of the respondent was that the applicants after having appeared and failed in typing examination cannot turn round and challenge the recruitment process. All other allegations in the petitions were denied by the respondent.;