Rajiv Kumar vs State Of West Bengal & Ors
2021 Latest Caselaw 6231 Cal

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                     IN THE HIGH COURT AT CALCUTTA

                              Appellate Side



Present:

The Hon'ble Justice Krishna Rao

                            WPA 7376 of 2018

                               Rajiv Kumar

                                  Versus

                        State of West Bengal & Ors.



For the petitioner            : Mr. P.C. Das

                                Mr. Samar Chowdhury Bandhu

                                Mr. Rima Mishra

                                               ..... Advocates

For the Municipal Service Commission

                               : Ms. Koyeli Bhattacharyya

                                               .....Advocate

Heard lastly on                : 02.12.2021

Judgment on                    : 09.12.2021



Krishna Rao.: The Secretary Municipal Service Commission published an

advertisement being No. 11 of 2017 dated 05.08.2017 for recruitment to the

post of Deputy Manager under Kolkata Municipal Corporation against 26
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numbers of vacancies [Unreserved-12, Unreserved (Physically Handicapped)-

02, Scheduled Caste-04, OBC(A)- 03 & OBC(B)- 04].

      The petitioner having requisite qualification had applied for the said

post under Scheduled Caste category. The petitioner has received an admit

card for attending written examination for the said post and accordingly, the

petitioner had appeared in the written examination on 10.12.2017.          The

petitioner was declared successful in the written examination and the same

was duly communicated to the petitioner and the petitioner was requested

to appear for personal interview along with all original documents for

verification on 19.03.2018. The petitioner was also directed to submit his

all educational certificate including age proof and accordingly, the petitioner

had submitted the same. The grievance of the petitioner that though the

petitioner has passed the written test and has been called for personal

interview and also directed to submit the documents for verification but in

spite of the same, the name of the petitioner was not recommended for

appointment to the said post. The petitioner prays for a direction upon the

authority to recommend the name of the petitioner for appointment to the

post of Deputy Manager under the Kolkata Municipal Corporation.

      The respondents have entered appearance and have filed their

Affidavit-in-opposition. The specific case of the respondents that the

petitioner has obtained 143 marks out of 400 marks in his written

examination and 25 marks out of 75 marks for interview/Personality test in

total the petitioner has obtained 168 marks. The respondents further

submitted that the last Scheduled Caste candidate who was selected and

recommended by the Commission had obtained 149 marks in written test

and 40 marks for interview/personality test in total 189 marks and thus the

petitioner was not found eligible for recommendation for the panel prepared

for the post of Deputy Manager under Scheduled Caste Category.

The petitioner has applied for the Post of Deputy Manager in the

Kolkata Municipal Corporation under Schedule Caste Category and as per

advertisement only 04 posts were reserved for the said category. The

documents produced by the respondent authorities justified that there are

four candidates who have obtained higher marks than the petitioner in the

said category and their names were recommended for appointment and thus

the respondents have not recommended the name of petitioner for

appointment to the said post.

The petitioner has obtained less mark then the four candidates of the

said category and thus the writ petition filed by the petitioner is devoid any

merit.

WPA No. 7376 of 2018 is dismissed. No order as to cost.

(Krishna Rao, J.)