TAMAL DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issue that arises for consideration in the present writ petition is whether a College Authority can lawfully refuse to accept the recommendation of the West Bengal College Service Commission (for short, "the Commission"); in other words, once a recommendation is made, can the College decline to issue an appointment letter in favour of the candidate so recommended?

(2.) For a proper appreciation of the issue, it would be appropriate to set out, in brief, the essential facts pleaded in the writ petition, which is reproduced below:

(3.) The crux of the defence taken by the College Service Commission, respondent no. 2, in its affidavit-in-opposition affirmed by its Secretary, is that pursuant to the counselling process and on the basis of an undertaking furnished by the petitioner, a recommendation letter dtd. 29/12/2023 was issued recommending the petitioner for appointment as Assistant Professor in English at Ramkrishna Mission Residential College (hereinafter referred to as "the College"). The said recommendation was duly received by the petitioner on 3/1/2024. On the very next day, i.e., 4/1/2024, the petitioner approached the College with the intention of joining his post.