ABDUL MOTIN Vs. MANISANKAR MAITI

JUDGEMENT

(1.) TWO writ petitions were filed concerning an identical issue. One of such writ petitions was filed by Dr.Mani Sankar Maity who ranked third in the panel prepared by the West Bengal College Service Commission for the post of Principal of non -Government Colleges affiliated to the Universities of the State of West Bengal. He challenged the acceptability of the Ph. D degree granted by the Netaji Subhas Open University as an essential academic qualification for the post of Principal. According to him Dr. Motin who ranked second in the panel prepared by the concerned College Service Commission for the said post was an ineligible candidate as his Ph. D degree which he obtained from Netaji Subhas Open University cannot be accepted as a valid Ph. D degree by the Commission. He thus, contended that the first empanelled candidate, namely, Dr. Bhattacharya who having declined to accept the offer for his appointment for the post of Principal in Tampralipta Mahavidyalaya and the second empanelled candidate, namely, Dr. Motin being an ineligible candidate, appointment should have been offered to him, who was the third empanelled candidate. Accordingly he prayed for appropriate relief in his said writ petition which was registered as W.P No.20024(w) of 2012.

(2.) THE other writ petition being W.P No.10296(w) of 2013 was filed by Dr. Motin, the appellant herein seeking issuance of direction upon the concerned authority for appointing him to the post of Principal in Tamralipta Mahavidyalaya as he ranked second in the panel and the first empanelled candidate refused to accept the offer of his appointment to the post of Principal in the said Tamralipta Mahavidyalaya.

(3.) ACCORDINGLY , both the aforesaid writ petitions were heard together by the Writ Court and both the writ petitions were disposed of by the learned Single Judge on 20th January, 2014. The writ petition filed by Dr. Maity being W.P No.20024(W) of 2012, was dismissed by the learned Single Judge by holding inter alia, that the Ph.D degree which was obtained by Dr. Motin from Netaji Subhas Open University cannot be accepted as a valid Ph.D degree for the post of Principal. Accordingly direction was given by the learned Single Judge of this court to recast the panel in the light of the discussion made by His Lordship in the impugned judgment. Simultaneously, the writ petition filed by Dr. Motin being W.P No.10296(W) of 2013 was rejected by the learned Single Judge of this Court for an identical reason. While disposing of both the writ petitions, His Lordship made it clear that the Ph.D degree granted by an Open University cannot be treated at par with the Ph.D degree granted by a formal conventional recognized University to the research scholar after completion of regular course successfully.