Abhijit Roy vs State Of West Bengal And Ors.

By consent of the parties the appeal and the applications are heard together and disposed of by this common order.

This appeal has arisen out of an order dated 7th February, 2020, passed in connection with a writ petition [W.P. 478(W) of 2020] filed by one Avijit

Roy claiming that he was the second successful candidate in the panel for recruitment of Senior DOTC plus TB-HIV Supervisor on contractual basis.

The authority concerned have arbitrary cancelled the said panel without considering his candidature.

It appears that the first candidate in the said panel did not have the requisite qualification for which his contractual engagement was discontinued by

the Government. The respondent authority, however, without considering the eligibility criterion of other candidate in the panel having the requisite

qualification cancelled the panel by a Memo dated 23rd April, 2018. In the said Memo. dated 23rd April, 2018 it is alleged that in view of discrepancy

and non-availability of candidate with required eligibility criteria in the panel prepared by the selection committee, the panel stood cancelled.

Being aggrieved by the said Memo. the father of the writ petitioner upon obtaining information under the Right to Information Act, 2005, made a

detailed representation before the Chief Medical Officer of Health, Jhargram by a letter dated 14th February, 2018 in which he apparently had

justified the claim of the writ petitioner to be considered for appointment to the post being the second candidate in the said panel having required

eligibility criteria.

Since the said representation was pending, Justice Amrita Sinha by an order dated 15th July, 2019 disposed of the first writ petition of the petitioner

being W.P. 15684(W) of 2018 by directing the Chief Medical Officer of Health, Jhargram to consider the grievance of the petitioner as to whether he

is eligible for being appointed in the post in question.

In purported consideration of the said representation, the Chief Medical Officer of Health, Jhargram disposed of the said representation by a reasoned

order dated 24th September, 2019 with the following observation:

“It has been observed that in view discrepancies fulfilling strictly all the terms and conditions as per recruitment notification as detected on further

scrutiny the entire panel prepared for selection for the post, senior DOTS plus TV_HIV Supervisor (RNTCP) has been cancelled by the district level

selection committee.

Accordingly, it is not possible by the undersigned to consider the grievance of Abhijit Roy in accordance with the relevant guidelines.â€​

In our view, the disposal of the said representation is not in accordance with the order dated 15th July, 2019. The Chief Medical Officer of Health,

Jhargram did not arrive at a finding as to whether the writ petitioner had the requisite eligibility criteria. It is needless to mention that if he had the

requisite eligibility criteria for the said post at the relevant time, then there was no reason to cancel the panel and his candidature should have been

considered for appointment to the said post.

Following the said impugned order dated 24th September, 2019, the Member Secretary, District Health and Family Welfare Service and Chief Medical

Officer of Health issued a fresh notification dated 30th December, 2019. This fresh notification has been challenged by the writ petitioner by way of

second writ petition.

The learned Single Judge in disposing of the said writ petition although had permitted the writ petitioner to participate in the said fresh selection

process, but did not accept the plea that the writ petitioner would have the right to be considered for the said post on the basis of the first panel.

In our view, the learned Single Judge has overlooked the impugned order dated 24th September, 2019, which is not in conformity with the previous

order passed by the same Bench on 15th July, 2019. On such consideration, we set aside the order dated 7th February, 2020 and the impugned order

dated 24th September, 2019. We direct the Chief Medical Officer of Health and Member Secretary, DH & FWS, Jhargram to consider the said

representation dated 14th February, 2018 strictly in accordance with the order dated 15th July, 2019 by a reasoned order within four weeks from the

date of communication of this order by either parties. We make it clear that the Chief Medical Officer of Health and Member Secretary, DH & FWS,

Jhargram should arrive at a definite finding as to whether the writ petitioner had the requisite eligibility criteria for being considered for the said post

under the recruitment notice dated 10th November, 2017 and if so, his case should be considered for appointment on contractual basis.

The recruitment notice dated 10th November, 2017, inter alia, was for selection of Senior DOTC plus TB-HIV Supervisor having a consolidated

remuneration of Rs. 18,720/- per month.

The reasoned order to be passed by the Chief Medical Officer should be communicated to the appellant within ten days from the date of the order

The recruitment process for the post of District PMDT & TB HIV Co-ordinator, being serial no. 5 in the recruitment notice dated 30th December,

2019 shall remain stayed and no further recruitment process be initiated for filling up the said post till two weeks after the decision is taken and

communicated to the petitioner.

The appeal and the applications are, thus, disposed. However, there shall be no order as to costs.