MRIGANKA MONDAL Vs. ASITABHA DAS & ORS

JUDGEMENT

(1.) Intending to recruit a Librarian, Kalyani University (hereafter the University) issued an employment notice dated December 17, 2010 (hereafter the said notice). The minimum qualifications which aspiring candidates were required to possess were specified therein, reading as follows:

(2.) Power of the University to relax the stipulations regarding qualifications in case of candidates possessing exceptionally good academic records and/or outstanding capabilities of teaching/research/administration, if so recommended by the Standing Committee on specific grounds, was reserved. The applications of the aspiring candidates were required to reach the University on or before January 17, 2011.

(3.) Only 4 (four) candidates responded to the said notification including Sri Mriganka Mondal (hereafter Mriganka) and Dr. Asitabha Das (hereafter Asitabha). Mriganka, while applying for the post of librarian, was working as the librarian of North Bengal University (hereafter the NBU) whereas Asitabha was working as the Deputy Librarian of the University. The selection process that followed at the instance of the University, after receipt of applications from the 4 (four) aspiring candidates, culminated in Mriganka being selected and appointed on the post of librarian of the University. Learning of Mriganka's selection and issuance of appointment letter in his favour on March 1, 2012, Asitabha objected to the same vide his representation dated March 2, 2012. Since such representation did not yield any result, Asitabha invoked the writ jurisdiction of this Court by presenting W.P. 5641 (W) of 2012 on March 20, 2012 seeking, inter alia, orders of cancellation of the appointment and joining letter of Mriganka, and declaring the post of librarian of the University as vacant and to fill up the same upon constituting a proper selection committee as per Government notification.