SAMIR KUMAR KAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ application, the petitioner, the seniormost teacher of the concerned college, has prayed for mandamus directing the respondents to withdraw the appointment given in favour of the private respondent No. 10, as teacher-in-charge of the said college and has further prayed for direction upon respondent Nos. 2 and 5-17 to take a fresh resolution thereby appointing the petitioner as teacher-in-charge of the said college w.e.f. 1st February, 2004.

(2.) The following facts are not in dispute : The petitioner is the seniormost teacher in the said college after the retirement of Prof. Bisheswar Maity who was the last teacher-in-charge of the said college and has since retired on 31st January, 2004. It further appears from record that after the retirement of the last Principal of the college, the governing body appointed a person as teacher-in-charge from 1st February, 2002 although he was not the seniormost teacher of the said college but he worked upto November 3, 2003. Thereafter, Prof. Bisheswar Maity who was the next seniormost teacher, worked from 1st December, 2003 till 31st January, 2004. After the retirement of Prof. Maity, the governing body of the college has appointed respondent No. 10 as teacher-in-charge notwithstanding the fact that he is not the seniormost teacher of the college.

(3.) Being dissatisfied, the petitioner has come up with the instant writ application.