SANTANU DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is a very qualified person. He has a masters degree in commerce and philosophy. He has obtained a Ph. D. degree from Burdwan University as well. Pursuant to an advertisement of the West Bengal College Service Commission for recruitment of lecturer in Commerce, the writ petitioner appeared for interview on 11th July, 2007. He had applied for recruitment in any college under the Kalyani University for the post of commerce lecturer.

(2.) The merit list was published on 18th January, 2008. He qualified. His grievance is that despite having qualified, his name was not recommended by the College Service Commission to the concerned college for appointment.

(3.) I have gone through the affidavit-in-opposition of the respondent Commission, particularly paragraphs 5 and 6 and their written submissions. They do not deny in this affidavit that the writ petitioner had qualified. Their defence is that the panel was published on 18th January, 2008 with validity of one year. In that period requisition for filling up the vacancy was not received by the Commission from any college. One year has expired and, therefore, the panel has lapsed. Suppose a particular college or colleges under the University do not want a particular candidate to be appointed as a lecturer, in spite of vacancy, they might not send a requisition for recommendation. They might refuse to send such requisition till the life of the panel including the name of a particular candidate, lapses. Therefore, a requisition can be sent by that college or those colleges so that a particular candidate whom they do not want is excluded. This is bound to cause injustice to that particular candidate. Section 9 of the College Service Commission Act of 1978 provides as follows: Notwithstanding anything contained in other law for the time being in force or in any contract custom or usage to the contrary, appointments to the posts of Teachers of a college shall be made on the recommendation of the Commission. Regulation 9 of the West Bengal College Service Commission (manner of selection of person for appointment to the post of teacher including the principal) provides as follows:-