Reserved category can compete in unreserved category even if they avail relaxation in age, fees meant for reserved: Calcutta High Court

In a significant ruling, the Calcutta High Court on Wednesday held that reserved category candidates can be considered for unreserved or general category even if they have availed the statutory relaxations in age and fees which is available to reserved category [Sahim Hossain vs State of West Bengal]..A division bench of Justices Debangsu Basak and Md Shabbar Rashidi quashed an order of the West Bengal Administration Tribunal (WBAT) which held that persons belonging to the reserved category who took the benefit of age relaxation could not be placed in the unreserved category. The WBAT order was in respect of the recruitment process initiated by the West Bengal Public Service Commission (WBPSC) for the post of Sub-Inspector in the Subordinate Food and Supply Service, Grade III, under the Food and Supplies Department of Government of West Bengal in 2018."Relaxation in age and fees for reserved category candidates does not mean that any advantage has been granted to the reserved category candidates so as to dis-entitle them to be considered in unreserved category in accordance with merit, particularly when this State did not prohibit the same," the High Court held, while allowing an appeal against the WBAT order. In the order under challenge, the WBAT had also directed the preparation of fresh panels for the unreserved and reserved categories in this case.While overturning this order, the High Court concluded that the Public Service Commission had followed the applicable procedure and that the view it had taken in conducting the selection process was a plausible view."No other benefit had been extended to any of the reserved category candidates such as relaxation in the qualifying marks or otherwise. After grant of concessions as are statutorily required, to the reserved category candidates, they have not been extended any further facility when they were being considered for the purpose of placement in the unreserved category, merit wise," the Court noted..Some candidates of the unreserved category had questioned the WBPSC decision to consider reserved category candidates in the unreserved category where the reserved category candidates had obtained higher or equal marks in aggregate in comparison to the unreserved category candidates. This was with respect to the marks obtained in a written test and a personality test.Therefore, in the ultimate merit list recommended for appointment, candidates belonging to the reserved category had found a place in the unreserved category by virtue of their marks obtained in the selection process.The High Court has now upheld the recruitment process and set aside the WBAT's contrary ruling. "The Tribunal had read a prohibition akin to one obtaining in the State of Gujarat when for this State no such prohibition exists. In such circumstances, we set aside the impugned order of the Tribunal directing re-working of the merit list by deleting the reserved category candidates from the unreserved category," the High Court held.With these observations, the Court allowed the petition filed by the WBPSC.It, however, rejected the contentions of certain 'unsuccessful' candidates, who had raised certain objections with regard to the recruitment process..Senior Advocate Bikash Ranjan Bhattacharyya along with advocates Subir Sanyal, Dyutimoy Paul, Akash Dutta and Dibyendu Chatterjee appeared for the unsuccessful candidates.Advocates Abhratosh Majumder and Shraboni Sarkar appeared for the WBPSC.Advocate General SN Mookherjee along with advocates Tapan Kr Mukherjee, Pinaki Dhole and Somnath Naskar represented the State..[Read Judgment]