WEST BENGAL COLLEGE SERVICE COMMISSION Vs. MANDIRA GHOSH

JUDGEMENT

(1.) Assailing the judgment and order dated 9th March, 2010 passed by a learned Judge of this Court in W.P. No. 238 of 2010, West Bengal College Service Commission authorities preferred the appeal and filed the application for stay in connection with the said appeal. By the aforesaid impugned judgment and order under appeal, learned Single Judge was pleased to set aside the communication dated 15th February, 2010 made to the writ petitioner deleting her name from the panel prepared for appointment to the post of Lecturer in Sanskrit and the matter was remanded back to the highest authority of the West Bengal College Service Commission namely, the Chairman of the Commission to take a fresh decision not only in accordance with law but in the light of the observations made therein and also taking into consideration the certificates of the Jadavpur University. Being aggrieved by and dissatisfied with the said decision, West Bengal College Service Commission has preferred the appeal challenging the propriety and legality of the aforesaid findings of the learned Single Judge and also filed the application for stay in connection with the said appeal. We have heard the learned Counsel of the respective parties at length in connection with both the appeal and the connected Stay Application.

(2.) In the instant case, the respondent/writ petitioner, Smt. Mandira Ghosh obtained her degree of Bachelor of Arts with Honours in Sanskrit in 2001 and she also obtained her degree of Master of Arts in Sanskrit in 2005 as well as M.Phil. degree in Comparative Literature from the Jadavpur University.

(3.) The appellant-West Bengal College Service Commission issued an advertisement being No. 3/2008 on 5th December, 2008 inviting applications from eligible candidates for the purpose of appointment to the post of Lecturer/Librarian for Non-Government Colleges and Teachers Training Colleges affiliated to the State University of West Bengal. In response, the said respondent/writ petitioner applied for the post of Lecturer in Sanskrit under the North Bengal University zone. The writ petitioner was called to appear before the interview board on 1st July, 2009 by the Secretary of the Commission and thereafter, on 25th November, 2009 the appellant-Commission published a merit list in respect of Lecturer in Sanskrit and the name of the said writ petitioner appeared at Serial No. 3 of the panel.