GURUCHARAN KHASPURI Vs. STATE OF BENGAL

JUDGEMENT

(1.) This application is at the instance of a candidate for the post of lecturer under the category of 'Other Backward Classes' in the college and is filed for issuance of a writ in the nature of mandamus commanding the respondents to recommend as lecturer in Physiology and other consequential reliefs.

(2.) The short fact necessary of the purpose of the disposal of this writ petition is that, pursuant to an advertisement being no.3 of 2008 dated December 5, 2008 the petitioner applied for the post of Lecturer in Physiology under the University of Bidyasagar as a backward class candidate and participated in the selection process. Thereafter, by a letter dated March 3, 2010, the petitioner was recommended by the respondent College Service Commission for appointment to the substantive post of Lecturer in Physiology of Sabang Sajonikanta Mahavidyalaya, West Midnapore.

(3.) When the petitioner went to join the said college, he was informed that the post had already been filled up and that there was no vacancy in the said college. Thereafter, the petitioner moved several petitions to different authorities and the Hon'ble Minister-in-Charge, Higher Education Department, Government of West Bengal. Thereafter the Hon'ble Minister-in-Charge wrote a letter dated July 16, 2010 to the College Service Commission about the appointment of the petitioner and the said Minister-in-Charge was informed that the post of Lecturer in Physiology of the college in question had already been filled up by the commission, but, it had not been noted in the office of the College Service Commission. It was also indicated that the petitioner would be recommended by the commission as and when an O.B.C. vacancy for the post of Lecturer in Physiology under the Bidyasagar University Zone would be received.