SUSMITA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application is at the instance of eight candidates who responded to the advertisement no.3/2008 dated December 5, 2008 inviting applications for the post of Librarian/Assistant Librarian in different subjects including the subject Library Science under several zones particularly, Burdwan University Zone, Kalyani University Zone, Calcutta University Zone etc. The petitioners applied to the said post contending, inter alia, that they were duly qualified for the said post and, accordingly, they appeared in the interview board. Subsequently, when the College Service Commission published the result, the names of the petitioners had not been incorporated in the said list of selected candidates. The petitioners came to know that their candidatures were not considered in view of the fact that they obtained their M.Phil degrees from different universities through the distance education mode. So, they filed a joint writ petition praying for issuance of a writ of mandamus commanding the respondents to incorporate the names of the petitioners in the selection list, upon taking account of the M.Phil degree of the petitioners and for other consequential reliefs.

(2.) Now, the question is whether the respondents can act in derogation to the statutory provision and whether the respondents can invalidate a degree which has been recognized by the competent authority.

(3.) Having heard the learned Counsel for the parties and on going through the materials on record, I find that it is not in dispute that the writ petitioners obtained their degree of M.Phil in the respective subjects through the distance education system under the different universities.