Calcutta High Court (Appellete Side)
Dilip Dutta vs The State Of West Bengal & Others on 8 July, 2010
Author: Aniruddha Bose
Bench: Aniruddha Bose
1
34 08.07.10. W.P. 12901 (W)_of 2010
ab
Dilip Dutta
Vs
The State of West Bengal & Others.
Mr. Pulakesh Bajpayee ...For the petitioner.
Mr. A. Gangopadhyay
... For the School Service Commission.
Mr. A. Kr. Das ... For the Respondent No. 4.
The writ petitioner is an aspirant for the post of Assistant Teacher in Chemistry and for this purpose he appeared and was selected in the examination conducted by the West Bengal School Service Commission, Northern Region. The counseling process through which the individual successful candidates are allocated a particular school is starting today. The petitioner's difficulty however is that he is unable to produce his certificate from the North Bengal University from which he cleared his B.Sc. (Pass) examination in the year 2000.
Mr. Gangopadhyay, learned counsel appearing for the University submits that certificates are issued only at the time of convocation and in the case of the petitioner 2 the same cannot be issued before the convocation which is to be held under normal circumstances in the year 2011. However, the fact that the writ petitioner had passed B.Sc. (Pass) degree course is not in dispute. What had happened in this case was that the petitioner was an Honours Candidate but he could not qualify in the Part-II (Hons.) examination. He appeared again for this examination in the following year but was unsuccessful. As per rules, as submitted by Mr. Das, under these circumstances, it was incumbent on the petitioner to inform the university to declare him a pass graduate upon surrending the Part-II Mark-Sheet. But the fact that the petitioner has become a pass graduate is not in dispute.
In these circumstances, in my opinion since the petitioner is otherwise eligible, mere delay in furnishing the certificate ought not to impair his chance of getting appointment through proper selection process. Accordingly, I direct the School Service Commission to permit the petitioner to participate in the counseling and he shall be entitled to be recommended for a school through the process of counseling. However, this recommendation and his consequential joining in the 3 school shall be temporary and it shall become permanent on production of the certificate, with effect from his date of joining. For the recommendation being temporary, the concerned school shall not refuse to appoint him. In the event the writ petitioner cannot produce the certificate within a period of three months from the date of holding of next convocation by the North Bengal University, then his service shall stand invalidated. The University authorities also shall not decline to process his application for certificate because of delay in applying for the same and shall take expeditious steps for issuing certificate which shall not be later than two months after holding of convocation, on petitioner's production of the Mark-Sheet and surrender of his Part-II Mark-Sheet.
With this direction, the writ petition shall stand disposed of.
Since this writ petition is being disposed of without calling for any affidavit, the allegations made in the writ petition shall be deemed to have not been admitted.
There shall, however be, no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, as expeditiously as 4 possible.
(Aniruddha Bose, J.)