Calcutta High Court
Runa Chakraborty vs West Bengal College Service Commission ... on 26 April, 2010
Author: Aniruddha Bose
Bench: Aniruddha Bose
ORDER SHEET SHEET NO.1
W.P.No.342 of 2010
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF:-
RUNA CHAKRABORTY
Versus
WEST BENGAL COLLEGE SERVICE COMMISSION & ORS.
For the Petitioner :MR.RANAJIT CHATTERJEE, ADVOCATE.
For the Respondents :MR.PULAK MONDAL, ADVOCATE.
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA BOSE Date : 26th April, 2010.
The Court :-The dispute in this matter is on the question as to whether a candidate for Lectureship in a college in West Bengal ought to possess M-Phil qualification in the very subject in which he or she applies for teaching or M-Phil in an equivalent or relevant subject would be sufficient. The petitioner in this case holds an M-Phil degree in women's studies with the specialization in Literature. She was selected and recommended for Lectureship in English in Malda College in the district of Malda. However, her recommendation has since been cancelled by a communication dated 26th February, 2010 on the ground that she had obtained her M-Phil degree in women's studies and not in english.
There is no allegation of any suppression by the petitioner of her academic qualification but it appears that the respondents at the time of verification before making 2 recommendation had not examined this issue. It was only after recommendation was made they found the petitioner ineligible for the post.
Appearing for the petitioner, Mr.Chatterjee has relied on a decision of an Hon'ble Single Judge of this Court in W.P.No.238 of 2010 (Mandira Ghosh vs. State of West Bengal and Ors.) In this decision, the Hon'ble Single Judge was pleased to hold that M- Phil degree in comparative literature from Jadavpur University is equivalent to that of Sanskrit and on that basis the writ petition was allowed and the Chairman of the Commission was directed to reconsider the decision rejecting the claim of the petitioner therein.
Mr.Mondal, learned Advocate appearing for the respondents submits that the said decision is under appeal but no order of stay of operation of that judgement and order has been passed. He, however, argued that since the advertisement itself specified that the degree should be in the concerned subject, and not in equivalent subject, the petitioner ought not to be permitted to be engaged in the subject post on the strength of her M-Phil degree. He further prays for time to file the affidavit.
Let affidavit-in-opposition be filed within two weeks, as prayed for. Reply thereto, if any, be filed within one week thereafter. In the meantime the post of Lectureship in the college concerned shall be kept vacant and no recommendation for the said post shall be effected and no one shall be appointed in that post for a period of five weeks without the leave of this Court. Let this matter be listed as "Court Application" after three weeks.
Mr.Mondal has further submitted that the qualification criteria for the post of Lectureship in West Bengal has been prescribed by the Government of West Bengal only.3
Under these circumstances, I direct the petitioner to implead the State of West Bengal as a party respondent. The cause title of the writ petition be amended here and now for this purpose. The copy of the writ petition with the amended cause title be served upon the added respondent. Liberty is given to the petitioner to file a Supplementary Affidavit.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(ANIRUDDHA BOSE, J.) Nirmal Kr. Mukherjee Assistant Registrar( C.R.)