ANINDITA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner in W. P. No. 12922(W) of 2010 seeks appointment to the post of lecturer in microbiology in Maharajadhiraj Uday Chand Women's College in the district of Burdwan. She claims to be serving in the same post on a contractual basis on and from 4 October 2004. At that point of time, however the vacancy was not sanctioned by the educational authorities of the State, which implied that the State was not obliged to undertake the financial obligation arising out of employment of the petitioner. The writ petitioner in W. P. No. 13277(W) of 2010 is also an aspirant for the same post. His name for this post has been recommended by the West Bengal College Service Commission. I shall refer to the writ petitioner in W. P. No. 12922(W) of 2010 as AR, whereas the writ petitioner in W. P. NO. 13277(W) of 2010 shall be referred to in the later part of this judgment as SC.

(2.) The college in question had made request for sanctioning two posts of lecturers in microbiology in the early part of 2006, but only one post in the said college was sanctioned on 9 July 2007.

(3.) In the year 2005, the West Bengal College Service Commission (Commission) published advertisement in which applications were invited from suitable candidates for the posts of lecturers in different colleges under the University of Burdwan. For consideration of her candidature AR had applied in both botany as well as microbiology. AR was called for interview and eventually was selected for lectureship in microbiology under the Burdwan University and her name was empanelled as the only candidate in that subject. This panel was published by the Commission on 8 June 2006, but AR was not recommended for any college as there was no vacancy in the said subject for lectureship at that point of time. When the post of lectureship in microbiology in the said college was sanctioned, the panel in question had lapsed, the life of a panel being for one year.