LexSTATE OF WEST BENGAL AND ANR. versus BANDAN BAYEN AND ORS.
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A STATE OF WEST BENGAL AND ANR. v. BANDAN BA YEN AND ORS. DECEMBER 7, 1995 B [K. RAMASWAMY AND B.L. HANSARIA, JJ.] Service Law : West Bengal Board's Miscellaneous Rules, 1955-Rule 56. c West Bengal Services (Secretariat Common Cadre) Rules, 1984-Rules 4 & 7 and Schedule 2 and 2-A-West Bengal Public Service Commission Regulation, 1937-Regulation 31 & Schedule 2 & 2-C-Appoilllmenr-Post of LDC in District and Subordinate Offices-Qualification fo,-.Non-fulfilment of-Denial of appointment-Plea that recruitment is covered by Common D Cadre Rules according to which particular qualification is not a condition for appointmem-He/d, Recruitment governed by Boards' Miscellaneous Rules, hence appointment rightly denietf-West Bengal (Classification Control & Appeal) Rules, 1971. E Respondents, candidates for recruitment for the post of LDC in District and Subordinate Offices, who had failed in typing test, were denied appointment. Their writ petition to the High Court was dismissed by a Single Judge. On appeal, the Division Bench directed respondent's appointment, F setting aside judgment of Single Judge. In appeal to this court by the State, Respondent contended that Rule 4 of West Bengal Services (Secretariat Common Cadre) Rules empowered the competent authority to make recruitment as per rules 7 and 4, and is G applicable to the list of departments specified in the schedule, which envisages 'Department of Land and Land Reforms'. Since the Respondents were working in the above said department, they are governed by the Common Cadre Rules, according to which passing of typing test is not a condition for appointment. H Allowing the Appeal, this Court 304 STATE v. BANDANBAYEN 305 HELD : 1.1. The recruitment was properly and legally made. Respon- A dents having appeared and failed in the typing examination, cannot turn round and contend that the Board's Miscellaneous Rules, 1955 are inap- plicable to them. [308-F-G] 1.2. The West Bangal Services (Secretariat Common Cadre) Rules, 1984 clearly indicate that they are applicable to the Secretariat and the B offices mentioned in the schedule. Department of Land and Land Reforms mentioned in the Schedule, is a department in the Secretariat. Jn the 'Offices' it is mentioned the Board of Revenue. Thus Secretariat is a separate wing and the Board of Revenue is the Head of the Department. That gets manifested on perusal of Schedule 2 and 2-C attached to the C West Bengal Public Service Commission Regulation, 1937. The Regula- tions for recruitment through Public Service Commission, are in respect of clerical establishment, stenographers and typists of the Secretariat and the Heads of the Department. (307-D, 308-A·CJ 13. Except those mentioned in Schedule 2 and 2-C all other depart- D ments in other respects, the district and sub-divisional offices, stand excluded by operation of Regulation 31 of the West Bengal Service Com- mission, 1937. Once they stand excluded from the recruitment by the Public Service Commission the necessary concomitant result would be that they are governed by the Board's Miscellaneous Rules, 1955. (308-E-F] E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11861 of 1995. From the Judgment and Order dated 27.4.92 of the Calcutta High Court in F.M.A. No. 648 of 1991. F Tapas Chandra Ray, Ms. Mridula Ray Bhardwaj and Alok Kr. Biswas for the Appellants. M.N. Krishnamani, Mrs. Sarla Chardra, Bijan Kumar Ghosh and P. Chaudhuri for the Respondents. G The following Order of the Court was delivered : Leave granted. The only question in this appeal is whether the respondents are H 306 SUPREME COURT REPORTS (1995] SUPP. 6 S.C.R. A governed by the Rules for the regulation of the recruitment to the clerical service of the Secretariat and certain other offices of the Government of West Bengal issued in Notification No. 2083-F dated July 21, 1954 of the West Bengal Boards Miscellaneous Rules, 1955 for appointment to the Lower Divisions. The facts are not in dispute. The appellant called for the B names from the Employment Exchange in the notification for recruitment. Calling their names, the appellants prescribed passing of the written exams and typing with 30 w.p.m. speed as qualification apart from other qualifica- tions. Pursuant thereto, the names of the candidates have been sent 545 candidates were qualified in the written examination and were required to pass the typing test. After conducting the t
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