SUJATA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a writ petition which has changed its colour during its pendency, like the proverbial chameleon. Initially it was a writ petition seeking a consideration of the case of the petitioners regarding selection afresh in the post of Assistant Professor (Sanskrit) by the West Bengal College Service Commission by calling for written examination and further for not giving effect to the selection process advertised by the advertisement No. 1/2015. It was naturally at the instance of unsuccessful candidates.

(2.) However, as I have indicated above the writ petition changed its hue after an application for amendment was taken up after completion of affidavits in the original writ petition. By such amendment a challenge to the vires of regulations No. 1 and 6 of the West Bengal College Service Commission (Manner of Selection of Persons for Appointment to the posts of Assistant Professors, Principals and Librarians and Re-recommendation of Assistant Professor) Regulations, 2012 (hereinafter referred to as "Regulations of 2012") were challenged. Consequential reliefs were prayed for by amendment. According to the petitioners these regulations are the repository of arbitrariness which has rendered them ultra vires the Constitution of India more particularly Articles 14 and 16 of the Constitution of the India.

(3.) When the matter was first mentioned before this Court for hearing the learned Senior Advocate appearing for the petitioners submitted that the affidavits were completed even in respect of the amended petition. This is according to the order dated June 14, 2019. However, it appears that the college Service Commission had not filed any opposition and so I granted further leave on July 1, 2019 to the College Service Commission to file its affidavit.