Does failure to clear the written‐exam threshold bar a candidate from invoking reservation in promotion selections?

The Calcutta High Court reaffirms that reservation norms for promotional posts apply only after written‐exam qualification, distinguishes earlier Division Bench ruling and serves as binding authority for subordinate courts

 

Summary

Category Data
Case Name WPA/5157/2024 of SANGITA PRAMANIK (DAS) Vs STATE OF WEST BENGAL AND ORS.
CNR WBCHCA0099412024
Date of Registration 23-02-2024
Decision Date 18-08-2025
Disposal Nature DISMISSED
Judgment Author HON’BLE JUSTICE ANIRUDDHA ROY
Court Calcutta High Court
Bench Single-judge bench
Precedent Value Binding
Overrules / Affirms Affirms
Type of Law Administrative/Service law
Questions of Law Whether reservation norms apply to candidates who fail to clear the written examination.
Ratio Decidendi
  • The candidate must pass the written examination threshold before any claim to reservation can arise.
  • Since the petitioner did not qualify in the written exam, she was ineligible for viva voce and could not invoke reservation policies.
  • The Division Bench decision in Papiya Ghosal (Maity) & Ors. is distinguishable because it addressed candidates disqualified at the viva stage after clearing the written test.
  • Threshold qualification is a pre-condition to zone-of-consideration for reserved vacancies, and cannot be bypassed by RTI or policy arguments.
Judgments Relied Upon Division Bench decision dated 24-01-2025 in MAT 493 of 2024 (State of West Bengal & Ors. v. Papiya Ghosal (Maity) & Ors.)
Logic / Jurisprudence / Authorities Relied Upon
  • Distinction between failure at the written stage (no qualification, no right) versus post-written disqualification (where reservation claims may apply).
  • Plain reading of selection rules and state/union reservation policies.
Facts as Summarised by the Court

The petitioner, an in-service candidate for ICDS Supervisor promotion, sat for a two-phase selection (written and viva), failed the written exam and was not called to viva.

She sought RTI disclosure of reasons for non-qualification and challenged non-application of reservation policies.

The court held that failing the written threshold obviates any right to reservation, and dismissed the petition.

Practical Impact

Category Impact
Binding On All subordinate courts in West Bengal
Persuasive For Other High Courts and Service Tribunals
Distinguishes Division Bench decision in State of West Bengal & Ors. v. Papiya Ghosal (Maity) & Ors.

What’s New / What Lawyers Should Note

  • Reservation in promotion selections applies only after the candidate clears the written‐exam cutoff.
  • A candidate unsuccessful at the written stage cannot claim reservation in subsequent phases.
  • The Division Bench ruling in Papiya Ghosal (Maity) & Ors. does not extend to written‐exam failures and is confined to viva‐stage disqualifications.
  • RTI non-compliance cannot create a right to reservation or selection when the candidate has not met the threshold requirement.

Summary of Legal Reasoning

  1. The selection process for ICDS Supervisor is two-phased: a written examination followed by viva voce for those who qualify.
  2. The petitioner did not clear the written examination and was thus ineligible for the viva voce stage.
  3. Reservation policies (Union policy of 15-09-2015 and State policy of 07-03-2019) are only triggered once a candidate has cleared the initial cutoff.
  4. The Division Bench decision in the Papiya Ghosal case addressed reservation claims of candidates who were disqualified at the viva stage, not those who failed the written stage.
  5. Since no threshold qualification occurred, no right to invocation of reservation arose; the petition was devoid of merit and dismissed.

Arguments by the Parties

Petitioner

  • The published reservation policies (15-09-2015 Union policy and 07-03-2019 State policy) entitled her to zone-of-consideration.
  • She filed an RTI seeking reasons for non-qualification, suggesting procedural unfairness.

Respondent No.2 (State)

  • The selection process conformed to relevant rules and reservation policy; no right attaches to candidates failing the written exam.
  • Failure at the written stage ends entitlement to further consideration.

Respondent No.4 (PSC)

  • Conducted the selection as per the requisition from the appointing authority; not responsible for appointment decisions.

Factual Background

The petitioner, an in-service candidate, applied for promotion to the post of ICDS Supervisor under a two-phase selection process: a written examination and a viva voce. She failed the written exam and was not called for the viva. She then filed an RTI request seeking reasons for her non-qualification and challenged the non-application of reservation norms. The Calcutta High Court held that without clearing the written threshold, no entitlement to reservation or further consideration arose, and dismissed the petition.

Statutory Analysis

  • The court referred to the Government of India policy dated 15-09-2015 and the State policy dated 07-03-2019 on reservation for promotional posts.
  • It interpreted that these reservation provisions apply only after a candidate has met the written-exam cutoff, and cannot be “read in” to waive threshold qualification.
  • No constitutional or other statutory provisions were directly invoked.

Alert Indicators

  • ✔ Precedent Followed

Leave a Reply

Your email address will not be published. Required fields are marked *

Recent Comments

No comments to show.