SONADA DEGREE COLLEGE Vs. DESHPAD RAI

JUDGEMENT

(1.) -This case depicts as to how failure on the part of the State to make rules in terms of section 16 of the West Bengal College Service Commission Act, 1978, may lead to non-appointment of teacher in the post of a Principal, despite the fact that his name was recommended by the College Service Commission.

(2.) Keeping in view the points involved in this appeal, it is not necessary to state the fact of the matter in great details. An advertisement was issued by the West Bengal College Service Commission inviting applications from Indian citizens for appointment to the post of Principal of non-Government affiliated Colleges, details whereof had been mentioned therein, and wherefor academic qualifications were laid down in the following terms :

(3.) In terms of the said advertisement, a candidate could apply for the post of Principal in a particular non-Government affiliated College. The appellant No. 1 herein is a College which imparts education in Arts, and not in Science subjects. The writ petitioner was holder of the Master Degree in Chemistry. In terms of the said advertisement, he applied for the post of principal in the appellant College and his name was recommended by the College Service Commission. However, no appointment letter was issued in his favour. In the aforemention situation, the writ petitioner/respondent No. 1 herein filed a writ application which was allowed by the learned trial Judge on the ground that the counsel appearing on behalf of the College Service Commission categorically stated that the College authorities had no other alternative but to issue an appointment letter in terms of its recommendation.