LAWS(CAL)-2004-5-44

SUNIL KUMAR KHAN Vs. STATE OF WEST BENGAL

Decided On May 13, 2004
SUNIL KUMAR KHAN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) By this writ application, the petitioner, a Principal of the respondent College, has prayed for cancellation of the resolution of the Governing Body of the College dated May 6, 2003 by which the probationary period of the petitioner has not been further extended and he has been discharged from the post of Principal with effect from May 6, 2003.

(2.) Although the petitioner has further prayed for declaration that the provision of sub-section 2 of section 5 of the West Bengal College Teachers' (Security of Service) Act, 1975, is ultra vires the Constitution of India, such prayer was, however, not pressed at the time of hearing.

(3.) The following facts are not in dispute: On July 17, 1986 being recommended by the West Bengal College Service Commission, the petitioner joined one Sree Gopal Banerjee College, District-Hooghly, affiliated to Burdwan University as a Lecturer in Botany and worked there till 6th May, 2002. Thereafter, the petitioner with effect from May 7, 2002 joined as the Principal of Kanchrapara College under University of Kalyani after being recommended by the West Bengal College Service Commission.