UTPAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Pursuant to my order dated May 10, 2019 when I allowed the mentioning of the matter, the writ petitioners have served notice on the respondents personally. Such notice has very clearly mentioned that the matter would be taken up for final hearing and disposal today. It was served on the Vice Chancellor of the University on May 13, 2019. The affidavit of service has been filed by the petitioners in terms of the said order.

(2.) The petitioners Utpal Das and Shyamali Kumar have personally appeared today since I have granted them leave to appear personally on considering the urgency made out by them. The petitioners have stated that the selection process for the College Service Commission will be initiated if not completed by next month. Accordingly the pendency of this writ petition where they have sought for a provisional certificate on their Ph.D. might be a reason to disqualify them in such selection process because they will not be able to show that they have the qualification of Ph.D.

(3.) The petitioners appearing for themselves, which I have permitted as aforesaid, have placed before me the writ petition and also two documents which are part of their supplementary affidavit affirmed by them on October 5, 2016 pursuant to a liberty granted to the petitioners on September 9, 2016. They say that this supplementary affidavit was served on the respondents through their learned advocates. They have also placed before me a copy of the affidavit in opposition used by the respondent/Burdwan University. They have also produced a copy of the affidavit in reply which they say was duly affirmed. From the aforesaid pleadings in the writ petition and the copy of the affidavit in opposition it appears that the only dispute is whether the writ petitioners are entitled to issuance of a provisional certificate of Ph. D. in Arts (Sanskrit). It is the case of the respondents that the petitioners have not sat for a viva voce examination to openly defend their theses.