LAWS(CAL)-2011-1-155

RAJATENDU BANIK Vs. STATE OF WEST BENGAL

Decided On January 13, 2011
RAJATENDU BANIK Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This writ application is directed against the decision of the respondent No. 3 to reject the candidature of the petitioner for the post of Lecturer in Zoology under the West Bengal State University at Barasat on the ground of his ineligibility in possessing requisite qualifications. The facts of this case, in a nutshell, is this :

(2.) It is submitted by the learned Counsel appearing for the petitioner that the petitioner obtained M.Phil degree in Environmental Science from the University of Kalyani. M.Phil degree in the same subject was not required to be possessed in terms of the eligibility criteria prescribed in Clause-C(I)(ii) of the Advertisement. According to him, an eligible candidate for the post of Lecturer in Zoology was required to possess degree in Zoology in three years Honours Degree Course as also in Master Degree Course in view of the qualification prescribed in Clause C(I)(i) read with the provisions of Clause-E of the Advertisement. But with regard to M.Phil degree, an eligible candidate was required to possess the same in the concerned subject only. According to him, the University Grants Commission in its communication dated June 14, 2007 (Annexure-"P-2" at page 17 of the affidavit-in-reply) informed the Vice Chancellor, University of Calcutta in similar circumstances that the relevance of subject was to be decided by the concerned University as per its requirements. Relying upon a certificate dated March 29, 2010 (Annexure-"P-5" at page 34 of the writ application) issued by the Head of the Department of Environmental Science, University of Kalyani, it is submitted by him that M.Phil in Environmental Science should be considered relevant to Zoology.

(3.) Learned Counsel appearing on behalf of the petitioner relied upon an unreported decision of a Division Bench of this Court dated June 22, 2010 in the matter of West Bengal College Service Commission & Ors. v. Manindra Ghose & Anr. in support of the above submissions.