ARUN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner served as Assistant Professor in Bengali in Kandi Raj College in Murshidabad for seven years from April, 2010 until April, 2017 before the petitioner was recommended by the West Bengal College Service Commission for appointment as Assistant Professor in Acharya Girish Chandra Bose College (formerly Bangabasi College of Commerce), Kolkata, in the "PH" (Physically Handicapped) category. The petitioner is a physically impaired person (Bi-lateral upper limb amputee) with 80% disability.

(2.) The petitioner seeks a direction on the Governing Body, the President and the Principal of Acharya Girish Chandra Bose College to confirm and approve his appointment in the post of Assistant Professor in Bengali of the said College. The petitioner also seeks quashing of the decision of the Governing Body of the College taken in the meeting held on 10/6/2017.

(3.) The case of the petitioner, as sought to be made out by Mr. Subir Sanyal, learned senior counsel, is that the petitioner lived in Naihati, North 24 Parganas and was constrained to apply for a new position since the petitioner found it difficult to attend Kandi Raj College, Murshidabad which was at a distance of 480 kilometers, both ways, from Naihati. The petitioner was selected and recommended to Acharya Girish Chandra Bose College by the College Service Commission by a letter dtd. 27/4/2017 for the post of Assistant Professor in Bengali in the PH (Physically Handicapped) category. The petitioner is seriously aggrieved by the resolution of the Governing Body taken on 10/6/2017 by which the College Service Commission was requested to reconsider the recommendation of the petitioner for the reasons stated in the impugned decision. The petitioner was thereafter given provisional appointment as Assistant Professor in Bengali in the said College by a letter dtd. 30/8/2017 issued by the Principal and Secretary of the Governing Body. The provisional appointment was on a particular scale of pay and the petitioner was informed that the petitioner would be on probation for one year from the date on which the petitioner joined the post. Counsel submits that the petitioner thereafter joined the post and successfully performed his duties as Assistant Professor in the same manner as the petitioner had done in Kandi Raj College, Murshidabad.