Ishita Das v. The State of West Bengal and others

procedural infirmity also pointed out.

#8. In these circumstances, there is no occasion for the writ court to enter into a reappreciation of the PAR number awarded to the appellant/writ petitioner.

#9. We have considered the rival submissions and gone through the order of the learned Single Judge, who has dismissed the writ petitioner’s claim by an order dated 27.01.2025 passed in 4 W.P.A.27283 of 2023, order of which is under challenge in the present intra court appeal.

#10. We have gone through the relevant rules which specified the modus of appraisal. The learned counsel for the appellant has pointed out the relevant provision in this regard in the Regional Rural Banks’ (Appointment of Officers and Employees) Rules, 2017.

#11. The third schedule contained therein specifies the manner of calculation or assessment to ascertain whether a person will qualify for promotion through the Fast Track Mode. The relevant provision reads as follows: “(iv) In the case of normal channel; (a) the minimum qualifying marks shall be 50% in aggregate of written test, interview and performance appraisal reports; (b) selection of candidates for promotion shall be made from amongst the successful candidates in the feeder grade, in order of their seniority in the feeder grade. (v) In the case of fact track channel; (a) the minimum qualifying marks shall be 60% in aggregate of written test, interview and performance appraisal report (b)selection of candidates for promotion shall be made successful candidates in the feeder grade in order of their merit, based on the aggregate of their marks in written interview and performance appraisal reports. from amongst test, (vi) There examination and channels.” shall be common written for both interview 5

#12. A bare perusal of the provision shows that minimum qualifying marks required promotion in fast track channel is 60% in aggregate to be assessed by taking consideration components, namely, Written Test, Interview and Performance of Appraisal Report.

#13. The appellant is pointing out certain information/marks which he claims to have downloaded from the website of the Bank at pages 144, 145, 146, 147 and 187 of the application and submits is a discrepancy with the PAR Number provided by the Bank in response to RTI query.

#14. We find no force in such submission. A bare perusal of the RTI query and the 4-5 pages being referred to by the appellant, shows that the PAR Number was disclosed in the RTI query. However, on the Bank’s website marks have been disclosed for certain parameters forming a part of PAR. There is no disclosure of PAR Number on the Bank’s website, print out of which was enclosed at the above noted 4-5 pages. The petitioner is trying to make out a case that the higher marks displayed on the 6 Bank’s website which are at variance with the information supplied under RTI should be the basis of assessment of her claim for promotion under the fast track channel.

#15. We find no force in such claim. As noticed above, the marks disclosed on the Bank’s website are respect of some of parameters based on which PAR Number is awarded to a candidate for a particular year. The marks disclosed on the Bank’s website are in respect of other parameters. Thus, there is no question of the same being at variance with the PAR Number awarded to the petitioner, as disclosed in the information supplied under RTI. The very premise of the petitioner’s claim in the writ petition that she has been assessed based on lower PAR Number as communicated under RTI, and not granted the benefit of higher assessment of PAR, available on the Bank’s website is, therefore, untenable. The question of variance does not arise since the marks on the website being relied upon by the petitioner are marks awarded under different parameters and is not the PAR Number.

#16. From bare perusal of the records, we find that no case of discrepancy is made out. 7 Otherwise also the scope for judicial review in respect of marks awarded lies in a very thin and narrow compass. There being no allegation of any mala fide or extraneous consideration and there being no palpable procedural infirmity pointed out there is no scope for interference, or to reassess petitioner’s appraisal/assessment. Merely because a writ petitioner/appellant is not satisfied with the marks awarded, normally a writ Court will not enter into a reassessment of marks in exercise of jurisdiction under Article 226 of the Constitution of India.

#17. In the above circumstances where there is no violation of the rule governing the process of promotion and there is no allegation of any ill- motive against any person, there being no allegation of extraneous consideration, we are of the view that the court should not enter into a reassessment and evaluation of the petitioner’s performance and marks awarded. We consider it apposite to quote from paragraph 103 of recent judgment of the Apex Court in the case of Abhimeet Sinha v. High Court of Patna reported in 2024 (7) SCC 262 wherein the Apex Court held: “The Court in any case should not step the Selection the shoes of 8 assessment Committee. The evaluation of the candidates appearing Selection before Committee/Interview Board should best be left to the members of the Committee unless it is violative of the statutory rules or motive.” tainted with

#18. We, therefore, find no infirmity with the decision of the learned Single Judge in rejecting the writ petition.

#20. Accordingly, the appeal is dismissed. The connected application dismissed. (Madhuresh Prasad, J.) (Prasenjit Biswas, J.)