RIYA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal arises from a judgment and order dated 28th Sept., 2018 passed in W.P. 13463 (W) of 2018 by which the writ petition had been dismissed as the petitioner, who did not participate in the selection process, had no locus standi to challenge the recruitment process.

(2.) The bone of contention of the appellant in the said writ petition was that the University of Calcutta, which is governed by the Calcutta University Act, 1979 does not permit any recruitment of Clerk and Group 'D' staff by a recruitment process conducted by the West Bengal Central School Service Commission. It is submitted that the said Commission can initiate a recruitment process for appointment of the employees in different posts in the School and in view of the definition of the School given in the said Act, the college is excluded and, therefore, the University can not entrust such task upon the said Commission.

(3.) The learned advocate appearing for the University submits that Sec. 52 of the Calcutta University Act, 1979 contains the power to make ordinance relating to the matters enumerated therein and in exercise of such power, the Calcutta University First Ordinance, 1979 was promulgated wherein Clause 27 (c) thereof empowers the Establishment Committee to advise the syndicate in the matter of formulating policies to govern conditions of employment, pay, increment of pay, promotion, retirement, extension of service, leave and other matters related to employment in the University.