AMITABHA CHANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner being Lab Assistant was deputed to Sanitary Sec. in Balurghat Municipality (hereinafter referred to as 'Municipality') for maintenance of day-to-day conservancy works of the Municipality as per direction of Conservancy-in-Charge and Sanitary Inspectors. Petitioner is having Diploma Certificate in Health and Sanitary Inspection issued by Vinayaka Missions University, Salem, Tamilnadu. A notification was issued on 22/2/2014 by the Chariman, Balurghat Municipality for filling up the post of Sanitary Inspector and in pursuance of the said notice petitioner had offered his candidature having the qualification of Diploma in Heath and Sanitary Inspection.

(2.) It has been submitted by Mr. Sanyal, learned advocate representing the petitioner that the petitioner was the only candidate for the said post of Sanitary Inspector in the said Municipality. The grievance which has been voiced on behalf of the petitioner is issuance of memo dtd. 26/2/2015 by the Director of Local Bodies, West Bengal whereby it was intimated to the Chairman of the said Municipality that the selection of the petitioner for the post of Sanitary Inspector is not permissible since Diploma Certificate in Health and Sanitary Inspection of the petitioner is not an approved qualification. The said communication dtd. 26/2/2015 has been questioned in the present writ petition and it has been submitted on behalf of the petitioner that he obtained Diploma Certificate from Vinayaka Missions University, Salem, Tamilnadu in Health and Sanitary Inspection on 25/6/2012 and the same ought to have been accepted by the concerned respondent authorities in the matter of his selection for the post of Sanitary Inspector in the Municipality. The writ petition is heard in presence of the learned advocates representing the petitioner, Municipality, Indira Gandhi National Open University, University Grants Commission and the State respondents. Having considered the submissions made on behalf of the parties, it appears that petitioner obtained Diploma in Health and Sanitary Inspection from Off-Campus Study Centre situates at Dhanbad, Jharkhand. According to the petitioner said Off-Campus Study Centre is under the aegis of Vinayaka Missions University. It has also been submitted that the petitioner had undergone the course in academic session 2011-12. Therefore it has been contended that there is no impediment in accepting the Diploma Certificate of the petitioner in the matter of selection for the post of Sanitary Inspector in the said Municipality.

(3.) In support of such contention reliance has been placed on a document dtd. 28/2/2007 which is at page 16 of the affidavit-in-opposition affirmed on behalf of UGC and it has been strenuously argued that with effect from 28/2/2007 for a period of five years Faculty of Distance Education of Vinayaka Missions University was permitted to run such courses. Therefore it is presumed according to the petitioner that the course which was undergone for the Session 2011-2012 was approved by the Distance Education Council (DEC). In addition thereto reliance has been placed on judgment of the Apex Court, reported in (2009) 4 SCC 590 (Annamalai University represented by Registrar 'vs-Secretary to Government, Information and Tourism Department & Ors.). On behalf of the said Municipality reliance has been placed on the affidavit affirmed on behalf of the UGC in order to satisfy the query of this Court that it is true for a five years with effect from 28/2/2007 institutional recognition was granted by the DEC to Vinayaka Missions University but Diploma in Heath and Sanitary Inspection was not included in the approved programmes.