WBPSC Violated Rules, Conducted Interview Unfairly: Calcutta High Court Quashes Museum Keeper Appointment

The Calcutta High Court has set aside the West Bengal Public Service Commission's (WBPSC) recruitment process for the post of Keeper at the State Archaeological Museum, holding that the Commission failed to adhere to its own Rules of Procedure, 1982 and the terms of the recruitment advertisement. The Court also quashed the appointment of the selected candidate and directed the WBPSC to conduct a fresh recruitment process in accordance with law.Justice Krishna Rao passed the judgment in a writ petition filed by Dr. Banani Bhattacharyya and another unsuccessful candidate challenging the selection process conducted pursuant to Advertisement No. 12 of 2022.The petitioners had questioned the transparency of the recruitment, alleging that the Commission did not disclose interview marks, evaluation criteria or the basis on which the selected candidate was recommended. They also contended that despite possessing higher academic qualifications and relevant experience, they were overlooked.The WBPSC defended the selection, submitting that the recruitment had been conducted strictly in accordance with the applicable Rules of Procedure and that the selected candidate had been found to be the most suitable by a three-member Interview Board.Examining the original records, the Court found serious deficiencies in the manner in which the interview process had been conducted.The Court noted that although Rule 5(e) of the West Bengal Public Service Commission Rules of Procedure, 1982 contemplates either a unanimous decision by the Interview Board or, in the absence of unanimity, determination of the final score by averaging the individual marks awarded by each member, the Commission had failed to produce any record demonstrating how the Board reached its decision.Rejecting the Commission's explanation that identical marks were awarded following deliberations among the members, the Court observed:"Rule 5(e) is not for awarding marks by the members of Interview Board on their deliberation on the performance of the interviewees."Explaining the proper interpretation of the Rule, the Court held that the Interview Board must first attempt to reach a unanimous decision regarding a candidate's suitability or ranking. If unanimity is not possible, the final score has to be arrived at by taking the mathematical average of the individual marks awarded by each member."In the present case, there is nothing on record how the members have come to such decision and what is the basis of the said decision," the Court observed.The Court also found that the Commission had not followed the procedure contemplated in the advertisement for shortlisting candidates. While around 50 candidates had applied, only 39 were called for interview. However, neither a screening test was conducted nor any objective shortlisting criteria or merit list was prepared.Justice Rao further observed that although the advertisement referred to publication of model answers in case of a screening test, no such exercise had been undertaken.Holding that these departures rendered the recruitment process unfair, the Court concluded:"This Court finds that the Public Service Commission has not followed the terms and conditions of the advertisement, West Bengal Public Service Commission Rules of Procedure, 1982 and the Board members have not conducted the interview in fair manner."On the preliminary objection regarding maintainability, the Court rejected the Commission's contention that the petition ought to have been filed before the West Bengal State Administrative Tribunal. It accepted the petitioners' submission that the Tribunal was non-functional due to the absence of members and held that the writ petition was maintainable.The petitioners had also sought a direction to appoint one of them, contending that she had secured 70 marks and stood first in the waiting list after the selected candidate. The Court, however, declined this relief, observing that the entire recruitment process stood vitiated and could not be partially salvaged by merely replacing the selected candidate.Accordingly, the Court quashed both the recruitment process initiated under Advertisement No. 12 of 2022 and the appointment of the selected candidate made on July 31, 2025.The WBPSC has been directed to immediately initiate a fresh recruitment process strictly in accordance with the Recruitment Rules and the West Bengal Public Service Commission Rules of Procedure, 1982. The Court further directed that candidates who become overage due to the delay shall be considered for age relaxation if they seek such relief.Case Title: Dr. Banani Bhattacharyya & Ors. v. State of West Bengal & Ors., WPA 22644 of 2025.Click here to read order

WBPSC Violated Rules, Conducted Interview Unfairly: Calcutta High Court Quashes Museum Keeper Appointment

Srinjoy Das

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Srinjoy Das

WBPSC Violated Rules, Conducted Interview Unfairly: Calcutta High Court Quashes Museum Keeper Appointment

Srinjoy Das

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Srinjoy Das

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