Calcutta High Court (Appellete Side)
Ankit Kumar Bhagat vs The State Of West Bengal & Ors on 10 April, 2017
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
73.
10.04.2017.
Ct. No. 29.
F.B.
W.P. 5501 (W) of 2017
Ankit Kumar Bhagat
-Vs.-
The State of West Bengal & Ors.
Mr. Ekramul Bari,
Mr. Siddhartha Sankar Mondal,
Md. Hafizur Rahaman
..... For the Petitioner.
Mr. Biswabrata Basu Mallick
..... For the Respondent
Nos. 1 to 3.
Mr. Pulak Ranjan Mondal, Ms. Bandana Das ..... For the Respondent No. 3/Commission.
_________ In this writ petition prayer has been made on behalf of the writ petitioner for regularising his service as Assistant Professor in Commerce with the Respondents/College in issue, being the Gushkara Mahavidyalaya, Dist: Burdwan.
Mr. Ekramul Bari, Learned Counsel appearing for the writ petitioner, submits that the petitioner qualified in all respects for selection to the post of Assistant Professor conducted by the West Bengal College Service Commission (for short the Commission), which is represented by Mr. Pulak Ranjan Mondal, Learned Counsel. Mr. Bari submits that the petitioner accepted his appointment on and from 27th of October, 2014 and, has been 2 regularly discharging his duties to the satisfaction of the Respondent/College Authority.
Mr. Mondal, Learned Counsel for the Commission, points out that the recommendation to appoint the petitioner was correctly made by the Commission to the post of Assistant Professor in Commerce with the Respondent/College in issue. Therefore, there is no scope for revisiting the recommendation.
Appearing on behalf of the State-respondents, Mr. Biswabrata Basu Mallick, Learned Counsel, who also appeared on the previous date, i.e. 16th of March, 2017 for the State- respondents, argues that the State Government in the Higher Education Department, College Sponsored Branch (for short CS Branch) is not satisfied with regard to the sufficiency of the essential qualifications of the writ petitioner to be appointed to the Respondent/College in issue. However, the attention of this Court is drawn to a communication dated 26th of December, 2016 bearing Memo No. 1166-Edn.(CS)/10M-112/2015 of the Deputy Secretary to the Chairman of the Commission which, inter alia, states that in the peculiar circumstances arising out of the appointment of the petitioner, the Commission is requested to explore the possibility of accommodating the petitioner against the vacancy in a College having a BBA/MBA or Commerce Course, in respect of which the petitioner appears to have suitable qualifications.
Attention of this Court is also drawn to the reply of the Chairman of the Commission to the letter dated 26th of December, 2016 (supra) stating, inter alia, that in view of no requisition for the post of Assistant Professor in BBA/MBA against existing vacancies in Government aided Colleges, the petitioner has been recommended for appointment in Commerce with the 3 Respondents/College in issue. This Court is also required to notice a set of communication and, particularly the Memo bearing No.97- Edn (CS)/10M-112/15 dated 27th of January, 2016 from the Joint Secretary, Higher Education Department (CS Branch) to the Chairperson of the Commission which, inter alia, states as follows:-
"However, Clause 4(a) of this Department's Memo No. 856-Edn (CS) dated 13.12.2012 containing Prescribed Qualifications for recruitment to the Post of Asstt. Professor in Government-aided Colleges, stipulates that atleast 55% marks or an equivalent Grade or Grade Point at the Master's Degree level in the same or a relevant subject from a recognized University/Institute and atlease at 3-year Bachelor Degree, preferably but not essentially with Honours in the same or a relevant subject also from a recognized University/Institute shall constitute essential qualification.
For Commerce candidates, a Masters Degree in Business Management/Administration declared equivalent by AIU/Accredited by AICTE/UGC shall constitute additional desirable qualification.
Now, a question has arisen on whether or not acquisition of only a Master's Degree in MBA by a candidate will entitle him for selection as Asstt. Professor in Commerce."
This Court further notices an earlier communication dated 8th of July, 2015 by the Director of Public Instruction (for short DPI), West Bengal bearing the Memo No. 1945-UGC/4p-77 UGC/09 (Pt.) which, inter alia, states as follows:-
"With reference to above, the undersigned has to draw your attention to the fact that Mr. Ankit Kumar Bhagat has been 4 recommended by the West Bengal College Service Commission, Kolkata-73 for the appointment to the post of Assistant Professor in Commerce vide its memo No. 598/BU/Recom/CSC/14, dt. 29.8.2014.
Mr. Ankit Kumar Bhagat has been awarded with Master's Degree in MBA.
Now, it is requested to let this Directorate know whether Mr. A.K. Bhaat is entitled for the appointment to the post of Assistant Professor in Commerce.
Relevant documents are attached herewith."
Having considered the submissions of the parties and considering the material placed, this Court finds that the Commission is steadfast in its stand that the petitioner was correctly recommended for the post of Assistant Professor in Commerce with the Respondent/College in issue.
This Court further finds that in terms of the communication dated 12th of February, 2016 bearing the Memo No. 18/Estt/WBCSC/16, the Secretary of the Commission has justified the recommendation to the Joint Secretary, Higher Education Department, CS Branch stating the following:-
"With reference to the above, I am directed to state that Sri Ankit Kumar Bhagat was recommended as per guideline of the Commission's Adv. No.1/2012. MBA degree after completion of 3 year BBA degree by a candidate will entitle him/her for selection as Asstt. Professor in Commerce. On the basis of above, the Board of Experts Committee selected Sir Ankit 5 Bhagat for recommendation in the post of Asstt. Professor in Commerce.
This is for your kind information."
Having regard to the above noted facts, this Court is of the clear view that the DPI requires to take a decision in the light of the above noted facts and observations not later than a period of four weeks from the date of communication of this order.
It is made clear that the petitioner shall be entitled to receive his regular salaries for the period of actual discharge of duties with the College.
W.P. 5501 (W) of 2017 stands accordingly disposed of.
Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Subrata Talukdar, J.)