KAUSHIK MALLICK Vs. WEST BENGAL COLLEGE SERVICE COMMISSION

JUDGEMENT

(1.) The appellant herein applied for the post of Lecturer in Non- Government affiliated colleges of West Bengal pursuant to an advertisement published in the newspaper by the respondent-West Bengal College Service Commission. The said appellant had also exercised option for appointment in any affiliated college in the territory of West Bengal.

(2.) The respondent-College Service Commission prepared and published a merit panel of successful candidates wherein the name of the appellant was mentioned against Serial No. 64 in respect of Calcutta University, Serial No. 52 for Burdwan University and Serial No. 26 in respect of North Bengal University. It is the specific case of the appellant that less meritorious candidates were appointed in the affiliated colleges superseding the appellant herein. It has been specifically urged on behalf of the appellant that the respondent-West Bengal College Service Commission recommended less meritorious candidates who were placed below the appellant herein in the merit panel for appointment in the affiliated colleges in West Bengal.

(3.) The appellant herein, however, participated in the subsequent selection process conducted by the West Bengal College Service Commission in the year 2003. It is the specific stand of the appellant that he was unaware of the fact that the less meritorious candidates in the merit panel were illegally recommended by the West Bengal College Service Commission for appointment to the affiliated colleges superseding the rightful and legitimate claim of the said appellant who secured higher position in the merit panel.