BIVA CHAKRABORTY Vs. UNIVERSITY OF BURDWAN

JUDGEMENT

(1.) The petitioners have challenged a Notification issued by the University of Burdwan on 10/1/2022 inviting applications for the post of Junior Assistant or its equivalent cadre. According to the case made out in the writ petition, the petitioners are successful candidates who were empanelled at serial Nos. 23 and 28 of the preliminary panel for promotion to the post of Junior Assistant or its equivalent post after qualifying in the written and viva-voce test. Learned Counsel appearing for the petitioners submits that two posts had become vacant by reason of retirement and death of two candidates but that these posts have been filled up by the respondents wrongfully. Counsel further submits that the previous panel was extended for a period of five years before it was cancelled on 22/9/2021. Counsel also submits that two candidates from the scheduled caste category have been accommodated against the unreserved category.

(2.) Learned counsel appearing for the respondent University, submits that the petitioners cannot claim any vested right to be appointed and particularly for having participated in the selection pursuant to the impugned Notification. Counsel submits that 56 persons were appointed to Group D posts pursuant to a selection process undertaken by the University in terms of an earlier Advertisement dtd. 10/2/2009. A Notification was issued thereafter on 16/11/2015 for Grade - IV in-service employees who had rendered at least six years continuous service in the University as on the date of the Notification. A selection process was undertaken pursuant to the Notification dtd. 16/11/2015 and a panel of 28 candidates was prepared in which the petitioners were empanelled at serial Nos. 23 and 28. Counsel submits that the incumbents who were appointed on 22/11/2010 but could not participate in the selection process pursuant to the Notification dtd. 16/11/2015 as they did not fulfill the eligibility criteria, were hence denied the promotional avenues to Group- C posts. Those candidates made a series of representations to the University as well as to the Government and hence the University was constrained to take a resolution at the meeting of the Executive Council on 22/9/2021 not to extend the validity of the earlier panel beyond 27/9/2021. The submissions advanced by learned counsel appearing for the petitioners and the University contain the following admitted facts.

(3.) The petitioners were empanelled in the earlier panel after successfully clearing a written test, and a viva-voce test (performance appraisal). The said panel was cancelled by a resolution of the Executive Council of the University on 22/9/2021. The Resolution was pursuant to the representations made by the incumbents who were appointed pursuant to an earlier Advertisement dtd. 10/2/2009. The University thought it fit to provide promotional avenues to these incumbents for being promoted to Group - C posts since these incumbents could not be considered for the selection process undertaken following the Notification dtd. 16/11/2015. The Resolution of the Executive Council was also pursuant to the University being of the view that these incumbents had been deprived of an opportunity for promotion to Group - C posts.