SUBRATA SARKAR Vs. STATE OF W B

JUDGEMENT

(1.) THE above application challenges order of the learned tribunal dated 10th December, 2003 passed in T. A. No. 165 of 1998. It appears that by the judgment and order the learned Tribunal though upheld the basic grievance of the applicant, however, did not grant any relief.

(2.) THE fact of the case in short is stated hereafter. The petitioner was appointed on or about 25th March, 1981 through Public Service Commission as Clinical Instructor in the College of Nursing at Calcutta. However, she joined on 6th May, 1981 in the West Bengal General Service, Department of health and Family Welfare. In or about 6th February, 1993 the petitioner having seen an advertisement published by the Public Service Commission, west Bengal applied for the post of Senior Lecturer and she was called to take test for selection. According to her, she performed well. In spite of that she was not selected for the said post. Having been unsuccessful she challenged the selection process which was made on the basis of viva voce test. She also challenged the recruitment Rules published by the State on 26th December, 1979 framed under Article 309 of the Constitution of India by which the procedure for selection of candidate for the post of Senior Lecturer was provided. Basically, she had following grievances at the relevant time :

(3.) THE petitioner ventilating the aforesaid grievance on or about 26th november, 1993 filed a writ petition challenging the selection process for the post of Senior Lecturers in the College of Nursing, West Bengal and also the rules framed under which the said selection process was initiated and prayed for quashing of the selection and order of injunction restraining giving appointment and/or selection of any candidate in the post of Senior Lecturer in this Hon'ble Court. The learned single Judge of this Court on 26th november, 1993 was pleased to pass an order directing the respondents to keep the posts of Senior Lecturers in the College of Nursing vacant till disposal of the case.