Calcutta High Court (Appellete Side)
In Re: Sri Dhritiman Sarkar vs The State Of West Bengal & Ors on 7 January, 2020
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
07.01.2020
Item No.34
Court No.15
Avijit Mitra
ML
W.P. No. 21370 (W) of 2019
In re: Sri Dhritiman Sarkar
- Versus -
The State of West Bengal & Ors.
Ms. Susmita Saha Dutta,
Mr. Niladri Saha,
Ms. Snuti Lahiri
For the Petitioner
Mr. Swapan Kumar Datta, Sr. Adv.,
Mr. Tapas Kumar Mondal
For the State
Mr. Pulak Ranjan Mandal,
Ms. Bandana Das,
Mr. Subhrangsu Panda
For the Commission
Affidavit of service filed by the petitioner be kept on record.
Ms. Saha Dutta, learned advocate appearing for the petitioner submits that
responding to an advertisement dated 16th July, 2018 published by the West Bengal
College Service Commission (in short, the said Commission), the petitioner applied
for the post of Assistant Professor in mathematics. He was called for the interview
but he was not given any marks for research publication though in terms of UGC
Regulations, which is binding upon the Commission, she was entitled to two (2)
marks for each research publications published in Peer-Reviewed or UGC-listed
Journals. The fact that the UGC Regulations of 2018 provide for grant of such marks
would be explicit for the answer given to the petitioner's query made under the
provisions of the Right to Information Act, 2005. In support of such contention she
has drawn the attention of this Court to the annexures at pages 130-133 of the writ
petition.
2
Per contra, Mr. Mandal, learned advocate appearing for the said Commission
submits that the UGC Regulations of 2018 were notified on 18th July, 2018 after the
advertisement dated 16th July, 2018 and as such the same have no manner of
application in the present case.
Upon hearing the learned advocates appearing for the respective parties and
upon considering the materials on record, I am of the opinion that the matter needs
to be decided upon exchange of affidavits.
Accordingly, the respondents are directed to file their affidavit-in-opposition
within four weeks. Reply thereto, if any, be filed within two weeks thereafter.
The parties would be at liberty to mention the matter for final hearing after expiry of the period as fixed above towards exchange of affidavits.
(Tapabrata Chakraborty, J.)