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2008 DIGILAW 1066 (CAL)

Md. Azimuddin v. Municipal Service Commission

2008-12-15

JYOTIRMAY BHATTACHARYA

body2008
JUDGMENT 1. The Secretary, Municipal Service Commission, issued an advertisement being no. 6 of 2007-2008 for filling up various vacancies in the Kolkata Municipal Corporation, which are as follows:- 1. Junior Assistant - 100 Posts:- (General - 39, General (Ph) - 03, General (EC) - 19, SC - 15, SC(EC) 06, ST- 04, ST (EC) - 02, BC - 06, BC(EC) – 01, Ex Service Men - 05). Besides the above 100 Junior Assistant Posts, there are 50 vacant posts of Junior Assistants which are as follows:- 2. Junior Assistant - 50 Posts:- (General - 18, General (PH) - 02, General (EC) - 10, SC - 08, SC(EC) 03, ST - 02, ST(EC) - 01, BC - 03, Ex Service Men - 03. 2. Presently this Court is concerned with the petitioners who participated in the preliminary examination as Exempted Category Candidates for the posts earmarked for the Exempted Category Candidates. 3. On perusal of the said notification, this Court finds that the examination will be held in three successive stages:- (i) Preliminary Examination Objective Type. (ii) Main Examination- Conventional Type and written. (iii) Interview. 4. In the said notification, it is mentioned that the preliminary examination will be screening test for selection of candidates for the main examination. It is mentioned therein that the marks obtained by the candidates in the preliminary examination would not be counted for the purpose of determining the final merit list. The following marks were prescribed as qualifying marks for different categories of students appearing in the preliminary examination:- (i) "60 marks for the general candidates and BC categories. (ii) 50 marks for S.C., S.T & PH categories." 5. On perusal of the said notification, this Court finds that no qualifying marks is prescribed for the Exempted Category Candidates. Since no qualifying marks is prescribed for the Exempted Category Candidates, this Court is of prima facie view that all the Exempted Category Candidates who participated in the preliminary examination should be allowed to appear in the main examination, irrespective of the marks they have obtained in the said preliminary examination. 6. Since the petitioners are not permitted to participate in the main examination on the ground that they have not obtained the qualifying marks in the preliminary examination, the petitioners have filed this writ petition before this Court. 7. 6. Since the petitioners are not permitted to participate in the main examination on the ground that they have not obtained the qualifying marks in the preliminary examination, the petitioners have filed this writ petition before this Court. 7. This Court thus holds that the petitioners have been able to make out a strong prima facie case for consideration of the dispute involved in this writ petition on merit as without prescribing any qualifying marks for the Exempted Category Candidates, the municipal authority cannot exclude the Exempted Category Candidates who appeared in the preliminary examination, from participating in the final examination on the ground that they have not secured the qualifying marks in the preliminary examination. 8. Accordingly, this Court passes an interim order restraining the municipal authority from holding any selection test for the posts earmarked for the Exempted Category Candidates until further orders. 9. Immediately after the aforesaid order was passed, it is submitted by the learned Advocate appearing for the Municipal Service Commission on instruction from its Legal Officer who is present in Court today, that her client will permit an the Exempted Category Candidates who participated in the preliminary examination to participate in the main examination, irrespective of marks obtained by them in the preliminary examination. 10. Under such circumstances, this Court disposes of this writ petition by permitting the Municipal Service Commission to complete the selection process as per the said notification by allowing all the Exempted Category Candidates who participated in the preliminary examination to participate in the main examination irrespective of the marks they obtained in the preliminary examination for the post earmarked for the Junior Assistant (EC). 11. The petitioners undertake to pay the deficit Court-fees by day after tomorrow. If the petitioners fail to pay the deficit Court-fees by day after tomorrow, this order will have no effect. 12. Urgent xerox certified copy of this order, if applied for, be issued to the parties as expeditiously as possible. Writ application disposed of.