SUMANA DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeals have been preferred by the appellants aggrieved by a common judgment and order dated 18.6.2012 dismissing several writ applications. The question involved is singular, whether holders of Ph.D. qualifications by way of Distance Education Programme have been wrongly deprived from taking their claim to Lectureship under the College Service Commission. For the purpose of eligibility for the post of Lecturer, qualification, which was prescribed for Degree Colleges was consistent of academic record with at least 55% marks in the master's degree preceded by a 3 year- Hons. Degree in the concerned subject with at least 2nd class marks. Certain relaxations were available to S.C./S.T./Physically Handicapped category candidates, to which we are not concerned in the present matters. It is also necessary to possess qualifications of passing National Eligibility Test for J.R.F./Lectureship conducted by U.G.C./C.S.I.R. (NET) or U.G.C. accredited State Eligibility Test (SET) or possessing of Ph.D. or M. Phil. Degree in the concerned subject. Besides this, good power of expression (speaking, reading and writing) in Bengali/Nepali was also a requirement.

(2.) It is not in dispute that the petitioners had to their credit either degrees in Ph.D. or M. Phil from various Universities through Distance Education Programme or from Open Universities.

(3.) The College Service Commission did not select the writ petitioners because they had obtained their respective Ph.D. or M. Phil Degree either from Open University or through Distance Education Programme. Therefore, the writ petitions were preferred.