Calcutta High Court (Appellete Side)
Partha Pratim Jana vs The State Of West Bengal & Ors on 2 August, 2021
Item No.18
In The High Court At Calcutta
Constitutional Writ Jurisdiction
(via video conference)
02.08.2021
Ct-24
WPA 11864 of 2021
Partha Pratim Jana
v.
The State of West Bengal & Ors.
Mr. Biswarup Biswas
Mr. Gora Chand Samanta
... for the petitioner.
Mr. Raja Saha
Ms. Rupsha Chakraborty
... for the State respondents.
Mr. A.K. Gupta ... for UGC.
Mr. P.R. Mondal Ms. Bandana Mondal Mr. Subhrangsu Panda ... WBCSC.
Leave is granted to the petitioner to implead the freshly appointed candidate Mr. Rajesh Dey as party respondent in the instant writ application and serve a copy of the writ application upon the added respondent.
The learned advocate for the petitioner submits that he is the 12th candidate in the provisional merit panel prepared for giving appointment in the subject Geography in the OBC-B category for the selection of Assistant Professor in connection with Advertisement 2 No. 1 of 2018. Candidates upto the serial no. 11 of the panel had been recommended by the West Bengal College Service Commission. Thereafter one candidate viz. Mr. Subrata Guha, whose name appears at serial no. 6 of the panel resigned from the post where he was appointed i.e. in the Raja Narendralal Khan Women's College.
The petitioner submits that one Mr. Rajesh Dey, whose name appears at Serial No. 9 of the panel in the OBC-B category has been appointed as an unreserved candidate in the vacancy created on the resignation of Mr. Subrata Guha.
The primary case of the petitioner is that the moment a reserved category candidate accepts recommendation and receives the letter of appointment he cannot thereafter be recommended once again as an unreserved category candidate.
It is the further case of the petitioner that since the post has been reserved for OBC-B category candidate it is somebody only from the panel of OBC-B category who could not have been accommodated in the said vacancy and not a member of the unreserved category.
The learned advocate representing the West Bengal College Service Commission submits that the vacancy in which Mr. Rajesh Dey has been appointed 3 though initially was a reserved vacancy, but thereafter the same stood unreserved by the order passed by the Backward Class Department, Government of West Bengal.
The petitioner submits that the reserved category post in the Hijli College is vacant till date and prays that his name may be recommended for appointment in the said vacancy. The petitioner apprehends that in the event the vacancy is filled up by the Commission then he will lose his chance to be appointed in the said vacancy.
The college authority is restrained to fill up the said vacant post until further order of this Court.
Supplementary affidavit filed by the petitioner is taken on record.
The petitioner is directed to serve a copy of the writ application as well as the supplementary affidavit upon the added respondent immediately.
The matter is posted for further consideration on September 8, 2021.
The respondents as well as the added respondent are directed to file affidavit-in-opposition to the writ application and the supplementary affidavit within four weeks; reply, if any, be filed within a week thereafter.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon completion of usual legal formalities.
Sh (Amrita Sinha, J.)