ABDUL MOKID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition is made by a candidate under the Advertisement No. 2 of 2001 made by the West Bengal College Service Commission on 25.9.2001. He is at present, Reader of the department of mathematics of Rampurhat College, Birbhum, West Bengal. He obtained 60% marks in average in all examination up to B.Sc. (Hons.) and passed M.Sc. examination in Mathematics having 62.25% marks from the University of Burdwan in the year, 1971. He also obtained Ph.D. from the University of Jadavpur at Calcutta in the year, 1983. So far the educational qualifications are concerned, there is no adverse remark made by the West Bengal College Service Commission.

(2.) He applied for the appropriate post of Principal under a prior advertisement being No. 1 of 2000 dated 4.7.2000. He observed in the advertisement that there are irregularities in giving eligibility criteria particularly in following the guidelines of the University Grants Commission and approached this Court to interfere with the same. A Bench of this Court was pleased to dispose of the matter on 26.9.2000 with a direction upon the University Grants Commission to consider the matter. Such consideration is yet to be given. Although correspondences were exchanged by or between the petitioner and the University Grants Commission but it cannot be strictly said that any reasoned order has been passed by such authority till the date of hearing of this writ petition. However, the second advertisement has been published when the order in the erstwhile writ petition was yet to be passed. Challenging the second advertisement the present writ petition is made. Although the contention of both the advertisements are similar in nature but since each and every advertisement has got independent face-value it cannot strictly be said that the present writ petition is hit by principle of Res Judicata.

(3.) In the earlier occasion while the hearing was going on, only the College Service Commission appeared and filed their affidavit but neither the State nor the University Grants Commission appeared before this Court. As a result whereof this Court was pleased to direct the parties to inform the State as well as office of the Advocate-on-record of Union of India to communicate the University Grants Commission to appear before this Court. Today, as and when the matter was called on, the learned Advocates both for the Union of India as well as for the State appeared. I have called upon learned Advocate appearing for the State to make the submission. She has taken clause 5.0 under the circular of the University Grants Commission dated 24.12.98 to establish his case that State is not strictly bound by the conditions imposed by the University Grants Commission but may make necessary changes taking into account the local conditions in consonance with the guidelines issued by the University Grants Commission. But I find from clause 5.0 of the said circular that the University Grants Commission expects that the entire scheme of revision of pay scales, together with all the conditions attached to it, would be implemented by the State Governments as a composite scheme without any modification. It is necessary that the Universities and the management of the Colleges will make necessary changes in their statutes, ordinances, rules, regulations etc. to incorporate the provisions of the scheme.