JUDGMENT 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 & 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. 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 minutes 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. 4. The learned Tribunal by a common judgment allowed the applications, cancelled the appointments and directed the respondents to hold fresh examination. This judgment dated 12.10.1999 has been impugned in all the .writ petitions, the first two of which have been filed by successful candidates already appointed and the rest by the State of West Bengal. All the writ petitions having involved the same point-in-issue are being disposed of by this judgment. The grievance of the private writ petitioners herein are that the ld. Tribunal illegally cancelled their appointments without giving them opportunity of being heard. 5. The guideline evolved by the Special Committee in respect of type, written test provides, "The candidate who will record the highest speed in Type-writing would be awarded 50 marks allotted for the purpose and in this manner the subsequent scores will obtain the proportionate numbers based on the highest marks which is kept at 50. The marks of the Written Test and type-test are to be added and in accordance with the merits as 1 : 2 ratio from all categories (2 candidates against 1 post except in cases where two or more candidates will score the same marks) the candidates will be called for oral-test. At the oral-test, conducting officers will be selected by the Collector, Uttar Dinajpur. None will be allowed to enter in the oral-test room except the selected officers for conducting the oral-test." (vide page 79 of the paper book). 6. At the oral-test, conducting officers will be selected by the Collector, Uttar Dinajpur. None will be allowed to enter in the oral-test room except the selected officers for conducting the oral-test." (vide page 79 of the paper book). 6. The recruitment rules lay down the qualification for direct recruitment as follows : "QUALIFICATIONS FOR DIRECT RECRUITMENT Essential : (i) A pass Certificate in School Final/Madhyamik Examination of the West Bengal Board of Secondary Education or its equivalent. (ii) Knowledge of type-writing with typing speed of at least 30 words per minute." 7. The official records relating to recruitment test were produced before us on requisition. On perusal of the record we are convinced that no candidates having type-speed of less than 30 words per minute has been selected for appointment and as such there has been no violation of eligibility norms in that respect. It also appears that the candidates securing high marks in written test have been selected in order of merit for type-test in the ratio 1 : 5 to secure more qualified and suitable candidates. It further appears that the candidates having typed more than 30 words per minute have been awarded marks on the basis of a prescribed norm without any procedural unfairness and thereafter the marks obtained in type test have been clubbed together with the marks scored in the written test. It is true that as a result of this procedure not only those candidates securing high marks both in the written test and the type-test have been ultimately selected for appointment after an oral test but some candidates scoring less marks in the written test have also found themselves successful by securing high marks in the type-test. The type-test, therefore, has been given an important role to play in the selection process. 8. We cannot persuade ourselves to agree with the learned counsel for the respondents herein that the eminence enjoyed by the type-test in selecting Lower Division Clerks militates against the eligibility norms prescribed in the Statutory Rules. We do not find that the procedure adopted by the Selection Committee is unreasonable or irrelevant in the sense that the same has no nexus with the posts to be filled up. We do not find that the procedure adopted by the Selection Committee is unreasonable or irrelevant in the sense that the same has no nexus with the posts to be filled up. If there is no objection to selecting candidates in order of merit from the successful candidates in the written test only to secure more qualified and efficient candidates for public services there cannot be any objection to the selection of more efficient typists or to select candidates who combine in themselves efficiency in both the disciplines, particularly when the statutory rules prescribe the minimum qualifications in both the areas. It is now well settled that the State might well be entitled to limit the number of applicants and confine its arena of choice to persons having qualifications higher than the minimum prescribed for eligibility. It has been held by a Division Bench of the Punjab & Haryana High Court in Sant Lal vs. State of Haryana reported in 1978 (1) SLR 133, "To our mind, the touchstone for determining an issue of the present kind is again inevitably to examine the real intent of the legislature in prescribing qualifications for a class of posts. Where this is obviously a prescription of minimum qualifications or the barest requirement for eligibility, then plainly there can be no bar for the respondent-State to seek persons with higher qualifications than the lowest level laid down by the rule makers. Ordinarily, the rationale underlying the prescription of qualifications in most statutes or rules is to prevent poor or unqualified persons to be appointed to a post in the public service which requires the performance of responsible duties. It could hardly be the intent of the legislature to either debar persons of higher qualifications or to deny them the preference which they by their industry or merit signified by superior qualifications may entail. Nor can one read into the prescription of minimum qualification requirement that every person having such qualification must be considered against that post despite the fact that others superior in merit to him are available and (sic) for the same. Of course, we are not saying that the' maximum qualifications cannot be fixed by statute because the legislature may have plenary powers to do so. Of course, we are not saying that the' maximum qualifications cannot be fixed by statute because the legislature may have plenary powers to do so. All that is being indicated is that unless expressly otherwise provided the prescription of qualifications is ordinarily the minima for eligibility to the particular post and not the maxima therefor." 9. The selection was made through competitive examination, a common feature in the selection process, on the basis of guideline uniformly applicable to all candidates. The courts will be slow to interfere with the selection process evolved by the Selection Committee consisting of high officials with adequate expertise running the administration of the district, unless such process is tainted with gross violation of Statutory Rules in derogation to the interest of public services and procedural unfairness. The learned Tribunal has acknowledged the right of the Selection Committee to fill up the gaps in the Statutory Rules but did not consider how the pre-eminence given to type-speed and the process of clubbing the marks have contravened the said rules for recruitment. The Apex Court in Reserve Bank of India vs. C.N. Sahasranaman reported in AIR 1986 SC 1830 at 1843 held, "It has to be borne in mind that in service jurisprudence there cannot be any service rule which would satisfy each and every employee and its constitutionality has to be judged by considering whether it is fair, reasonable and does justice to the majority of the employees and fortunes of some individuals is not the touchstone." There is no right to be called for interview or oral test unless there is discrimination among similarly situated persons. As the Supreme Court has said in Om Prakash Baburam Sharma vs. State of M.P., reported in 1978 (1) SLR 736, "Any person, who possesses the qualifications requisite for eligibility, has a right to apply for the post but there is no right to be called for interview, merely because he is eligible for being appointed. If the Public Service Commission has made categories of persons, either of plus qualifications or of those possessing experience, no applicant can question his elimination at the threshold, if he does not come within such category." We are, therefore, unable to agree with the finding of the learned Tribunal. If the Public Service Commission has made categories of persons, either of plus qualifications or of those possessing experience, no applicant can question his elimination at the threshold, if he does not come within such category." We are, therefore, unable to agree with the finding of the learned Tribunal. We also do not approve the suggestion of the learned Tribunal that the type-test should have been held after the oral test as in that case many candidates having been successful in written and oral test might be found not eligible at all for not having the minimum type-speed of 30 words per minute. That would be decorating a dead child. 10. It has been argued by Mr. Basu Mallick appearing for the respondents that the respondents appeared for the type-test without the knowledge that the marks will be allotted in the type-test and thereafter the same will be clubbed with the marks obtained in the written test as the Selection Committee did not publish the guideline. It is to be noted that all the candidates knew that they were entering into a competitive test for selecting suitable candidates in order of merit on the basis of the norms uniformly applicable to all the candidates. All the respondents, excepting, two, typed more than 30 words per minute to the best of their ability and were awarded marks in accordance with the norms for making. For non-disclosure of the guideline the selection process cannot be held to be bad. 11. In view of the above findings, the argument of Mr. Mukherjee appearing for the private writ petitioners that the judgment of the learned Tribunal is liable to be set aside for not having followed the principle AUDI ALTERAM PARTEM and the counter argument of Mr. Basu Mallick relying upon the decision in A Janardhana vs. Union of India reported in (1983) 8 SCC 601 need not be decided by us. The writ petitions are, therefore, allowed and the judgment and order passed by the learned Tribunal is hereby set aside. There will be no order as to costs. Ruma Pal, J.: I agree. Later Urgent xerox certified copies of this judgment be made available to the learned Advocates appearing for the parties within 7 (seven) days from making the application. The writ petitions are allowed and the judgment and order passed by the ld. Tribunal is set aside.