INDRANIL CHAUDHURI Vs. WEST BENGAL COLLEGE SERVICE COMMISSION

JUDGEMENT

(1.) In this writ application the petitioner who was a candidate for being empanelled as a selected candidate by the West Bengal College Service Commission with reference to the vacancy as declared in terms of Advertisement No. 1 of 1999 published in the daily newspapers having wide circulation in respect of the subject Political Science under the University of Calcutta relating to the post of Lecturer has filed this writ application praying the following reliefs :

(2.) With reference to the said prayer as made, Affidavit-in-Opposition was filed by the College Service Commission affirming on 24th November, 2000 by one Sri Nitish Chandra Ganguly, Secretary of the said Commission, wherein it was contended that the writ application was not maintainable and no relief could be granted to the petitioner inasmuch as the petitioner did not pass in the interview by securing minimum 50 per cent marks and as such, his candidature was not considered for being empanelled. It has been further contended that out of total 100 marks petitioner secured only 45.7 marks in the oral interview and his name was not included in the merit panel. From the said affidavit it appears that in terms of the Advertisement No.1 of 1999, 94 candidates applied but only 66 candidates ultimately appeared in the interview, wherefrom only 48 candidates were empanelled, who secured marks 50 per cent and above in the oral interview. It is further case of the Service Commission that there are as many as 5 other persons above the petitioner who secured more marks than the petitioner but less than 50 per cent, who also were not empanelled.

(3.) This writ application was initially moved before M.H.S. Ansari.J. (as His Lordship then was) on 31 st October, 2000, wherein His Lordship directed production of the marks sheet of oral interview of the petitioner and the candidates who have been empanelled and selected. On 13th November, 2000, since the Service Commission did not file any show cause as to why the name of the petitioner was not empanelled, M.H.S. Ansari, J. (as His Lordship then was) passed an interim order to this effect: "In such circumstances there shall be an interim stay to the limited extent that the respondents shall not give effect to the panel for a period of two weeks from date. Meanwhile, let the respondent College Service Commission file their affidavit-in-opposition setting out their case and the reasons why the petitioner could not be selected or empanelled". On 8th December, 2000, said interim order was extended until further order of the writ application as the Service Commission prayed further adjournment to file affidavits. On 15th March, 2001 DP. Kundu, J. (as His Lordship then was) heard 3 interlocutory applications being CAN 1295/2001, CAN 1296/2001 and CAN 1747/2001. The applications CAN 1295/2001 and CAN 1747/2001 were the applications filed by the respective selectees who were empanelled for necessary recommendation of the College Service Commission in the vacant posts praying addition of them as party for the purpose of placing application of vacating interim order in terms of the application CAN 1296/2001. DP. Kundu, J. (as His Lordship then was) allowed the applications for addition of parties and accordingly respondents No. 4 and 5, namely, Mrs. Mahua Basu and Smt. Debarati Sen were added as parties. Since the learned Advocate for the petitioner submitted that the petitioner had no grievance against those added parties, their application for vacating was allowed by the Court directing the Service Commission to proceed in respect of appointment of the empanelled candidates subject to keeping of only one post of Lecturer vacant till the finality of the writ and until further order of the Court whichever would be earlier.