Calcutta High Court (Appellete Side)
Barnali Sen (Sinha) vs The State Of West Bengal & Ors on 30 August, 2011
Author: Tapen Sen
Bench: Tapen Sen
1
IN THE HIGH COURT AT CALCUTTA
(CONSTITUTIONAL WRIT JURISDICTION)
APPELLATE SIDE
W.P. No. 10300 (W) of 2010
Barnali Sen (Sinha)
Vs.
The State of West Bengal & Ors.
CORAM : The Hon'ble Mr. Justice Tapen Sen
For the Petitioner : Mr. Bidyut Kiran Mukherjee
Mr. Ujjal Kumar Bhattacharjee
For the College Service
Commission : Mr. Puluk Ranjan Mondal
Heard On : 12.5.11, 19.5.11, 13.6.11, 15.6.11, 16.6.11
24.6.11
C.A.V. on : 24.6.2011
Judgment Delivered on : 30th August, 2011
Tapen Sen, J. The Writ Petitioner has prayed for an Order commanding
upon the Respondent Nos. 2 and 4(the West Bengal College Service Commission
and its Secretary) to allow her to state her area of preference for allotment of College and the, to recommend her name as a Lecturer in English in such a College located within the said area of preference or in any other College located at a commutable distance from her residence at Chinsurah Town in the District 2 of Hooghly. She has also made prayers which includes a Direction upon the Respondents to show cause as to how OBC and physically handicapped candidates were included in the Merit Panel which was published by the said Commission on 25.11.2009 and which was a Panel for general category candidates. She has further prayed for a Direction upon the authorities to produce the authenticated, up-to-date list of vacancies of both permanent and temporary Lecturers in English under general category under the University of Burdwan. Other consequential prayers have been made including a prayer that she should be recommended to a College, located nearby her residence, as a special case.
2. The West Bengal College Service Commission (hereinafter referred to as the Commission) published an Advertisement dated 5.12.2008 on their Website inviting Applications in the prescribed Form from eligible candidates for preparation of a Panel for appointment to the post of Lecturers and Librarians in affiliated non-Government Colleges/Teachers' Training Colleges under different Universities in West Bengal. The Commission also published lists of tentative vacancies as on 15.9.2008 on the post of Lecturers in different subjects and in the said list for Burdwan University, the total number of vacancies in the post of Lecturers in English was shown as 78 and for physically handicapped candidates. It was shown as 3.
3. The Petitioner, fulfilling the eligibility criteria for the post of Lecturers in English, applied in the prescribed manner as a general category candidate under the Burdwan University. She was called for interview on 3 9.7.2009 in the Office of the said Commission. Thereafter, she was empanelled under the general category and the Panel was published on 25.11.2009 in the Commission's Website for the subject English under the Burdwan University. The Panel consisted on 32 candidates which was arranged in order of the marks obtained by the respective candidates at the selection test and the name of the Petitioner was placed at Sl. No.31.
4. Thereafter, by a letter dated 5.2.2010, the Secretary of the Commission informed the Petitioner to appear for counselling on 10.3.2010.
5. According to the Petitioner, in the Advertisement itself, the list of vacancies as on 15.9.2008 in different subjects and in different affiliated Colleges (University zone-wise) was given and from the list specified for the Burdwan University in the subject English, the vacancy position was as follows:-
CATEGORY GEN OBC SC ST TOTAL
32 5 30 11 78
and for physically handicapped-3.
6. According to the Petitioner therefore, there were in all 78 vacancies apart from this, out of which 32 were earmarked exclusively for the general category candidates. The Petitioner has further stated that similarly, 5 posts were earmarked for the OBC candidates apart from vacancies that were reserved for Scheduled Tribes, Scheduled Castes and physically handicapped candidates. The Commission subsequently and in the month of February 2010, published the final vacancy list and the Petitioner found that the number of 4 vacant posts in the general category in different Colleges, were not specifically mentioned.
7. According to the Petitioner, there were 49 vacant posts of Teachers under the general category and although in the Advertisement dated 5.12.2008 (Under Burdwan University), the Commission had shown the posts reserved for physically handicapped candidates separately, but these candidates were included as general category candidates in the final vacancy list.
8. Now the Petitioner states that at the time of counselling held on 10.3.2010, when her turn came for opting for a College of her choice, she indicated her preference for MUC Womens' College, Burdwan (Sl. No. 19 in the final vacancy list) because it was located at a reasonably commutable distance from Chinsurah but instead, she was asked to choose from other two Colleges one being in Bunkura and the other in Purulia. She was given to understand by the Commission that vacancies in other Colleges and particularly, the MUC Womens' College had already been filled up by candidates who were above the Petitioner in the Merit List and therefore, she was offered Panchmura Mahavidyalaya of Bankura for her appointment. She was also told that if she declined, her name would be struck off from the Panel on the ground of such refusal and therefore, the Petitioner had no option but to reluctantly accept the same. This has been stated in Para-13 of the Writ Petition.
9. The Petitioner has further stated that by the time the counselling was over on 10.3.2010, she had attained the maximum age limit of 35 years prescribed for appointment on the post of a Lecturer and therefore, 5 having no other alternative and under such compelling circumstances, she was forced to accept the Panchmura College under duress. The Secretary of the Commission, on the very date of the counselling i.e. on 10.3.2010, issued a letter recommending her name for appointment as a Lecturer in English in the said Panchmura Mahavidyalaya, Bankura vide Annexure-P/7.
10. In Para-15, the Petitioner has stated that she had no practical knowledge with regard to the topography of the area in which Panchmura Mahavidyalaya is located as well as with regard to the mode of transport for going there from Chinsurah. Later on she came to learn that the place is about 250 Kms. away from Chinsurah without any direct bus route from her home town and situated at a distance of 30 Kms. from Bishnupur. It takes about 5 hours to reach Bishnupur from Chinsurah. She has stated in Para-15 and 16 as follows:-
"(i) The said College at Panchmura does not lies on bus route. The nearest bus stoppage is about 1.5 km. From the said College and the distance between the bus stop and the college one had to cover on foot it one does not have any personal or hired means of corriage.
(ii) Frequency of bus service from Bishnupur to Panchmura is on average one hour after.
(iii) The said college is located at a very lonely locality which is sparsely populated and surrounded by Govt. forest area with Poor infrastructural facilities like shop market, auto rickshaw, telephone booth etc.
(iv) At present in the said college only one lady lecturer is working and in order to attend the said college an outsider had to settle down at Bishnupur town being the nearst town from the said college.
16. Your petitioner states that her family consists of her husband, a little over three years old son and an ailing above 80 years old widow mother-in- law. Her husband as stated hereinabove is posted at Calcutta Medical College & Hospital and since his service is transferable elsewhere in West Bengal it is practically a difficult proposition for him to shift his residence from Chinsurah to Bishnupur so that your petitioner can stay at Bishnupur with her husband, so and mother in law. Over and above, very recently her husband has purchased an apartment/flat in Chinsurah twon out of loan obtained from State Bank of India, Chinsurah Branch. Every month a substantial amount of money is being paid to the State Bank of India towards repayment of the loan amount. It is stated that your petitioner being a 6 married women candidate having a very minor child of 3½ year old and an ailing and old aged mother-in-law to look after, if she has to stay at Bishnupur with her minor child alone (as there is no other elderly male member) it will be highly difficult, hazardous and inconvenient which your petitioner as a young house wife as well a service holder will not be able to cope with. In that view of the matter and since the said commission has the power to change its recommendation in a certain contingencies, the petitioner made a representation to the said Commission. In her said representation dated 24.3.2010 he requested the said Commission to take into account the disabling factor like location of the working place situated at a far distant place of above 200 km. Away from her district and also pointed out in her said representation that from the view point of "empowerment of Women"
your petitioner can expect some preferential treatment from the authorities as regards her place of posting at a nearer place of her home town which is easily commutable by availing Public transport facilities."
(Quoted)
11. The Representation referred to in Para-16 of her Writ Petition was forwarded to the Principal, Panchmura Mahavidyalaya but till date, no reply has been received from them. In the meantime, the Principal of the said College issued the appointment letter dated 8.4.2010 appointing her as a Lecturer in English on the recommendation of the Commission and directed the Petitioner to join on any working day between 8th April, 2010 and 15th May, 2010 failing which, the appointment would be cancelled. The Petitioner has stated that thereafter, her husband met the Secretary who informed him that normally such requests for another College are not entertained and upon being requested to mention as to whether there was any other vacancy in any other College located near Chinsurah, the Secretary refused to answer. Various other points have been raised but basically, what the Petitioner has contented, is that she has a 3½ year old child who is fully dependent on her for development and nourishment and since she has been posted at Panchmura Mahavidyalaya, it is very difficult for 7 her to being up the child with proper care and that too, when she has no other male members except her husband to look after them and who, is posted at the Calcutta Medical College and Hospital. It is impossible for him to shift his place of residence to Bishnupur. It is under the aforementioned circumstances that the Petitioner has filed the Writ Petition.
12. An Affidavit-in-opposition has been filed in which the Respondents have denied that the Petitioner had opted for MUC Women's College or that they asked her to opt for the Panchmura Mahavidyalaya or that she had to accept the same under duress. Mr. Pulak Ranjan Mondal, learned Counsel appearing for the Commission, has submitted that the Petitioner, on her own free will and without any objection, had accepted Panchmura Mahavidyalaya as a College of her choice and the Petitioner is making these allegations for the first time in the Writ Petition without lodging any protest on the date of counselling i.e. on 10.3.2010. The Respondents have also stated that they are not aware as to whether the place is situated at a distance of 250 Kms. from Chinsurah or whether, there are direct bus services from Chinsurah to Panchmura Mahavidyalaya or not and, as to whether, it is situated 30 Kms. from Bishnupur. They have stated that the Petitioner, knowing the location of the College, had selected the same without any murmur and therefore, she cannot now turn around and say that her selection was under duress.
13. Mr. Mondal has further submits that the Petitioner's personal difficulty cannot be a ground for non-acceptance of the 8 recommendation. He submits that after issuance of the recommendation by letter dated 10.3.2010, the Commission has no role to play as per the provisions of the West Bengal College Service Commission Act, 1978.
14. A reply has also been filed to the said Opposition wherein, while repeating what has been stated in the Writ Petition, the Petitioner has reiterated that she was deprived of all choice at the time of opting for the Panchmura Mahavidyalaya.
15. Learned Counsel for the Commission has submitted that the Petitioner has no legal right to get a recommendation for a particular college merely because she has some personal difficulty. He has referred to various paragraphs of the West Bengal College Service Commission Act, 1978 in support of his contention that the Regulations do not permit such change of a College after recommendation. He has also submitted that from her own Application brought on record vide Annexure-P/4 at Page-64, it would appear that the Petitioner had not applied for any particular College and therefore, her submission that she had all along a desire to work near her residence, cannot be believed. Mr. Mondal has further stated and submitted that the Petitioner had herself made a declaration on 10.3.2010 by which she had selected Panchmura Mahavidyalaya as would be evident from Annexure-R/1 appended to the Affidavit-in-opposition. Based on the aforementioned submissions, Mr. Mondal has submitted that the Writ Petition should be dismissed.
16. Upon a perusal of the facts and circumstances, it is evident that the counselling was held on 10.3.2010. The letter of 9 recommendation of the same day is Annexure-P/7 at Page-73 of the Writ Petition. In that letter, an indication was given that "His/her willingness to join the said post should be submitted to the Commission within 15 (Fifteen) days from the date of receipt of this letter".
17. In other words, the period of 15 days from 10.3.2010 lapsed on 25.3.2010 but is noticed that just one day before the lapse of the said 15th day, i.e. on 24.3.2010, the Petitioner sent a Representation/made a prayer for change of her allotment vide Annexure-P/8 which was also received on 24.3.2010. The same was sent by post also but it appears from Page-74 that it was also received on the same day i.e. on 24.3.2010 in the Office of the College Service Commission itself. In the said letter, the Petitioner has categorically stated that because of her position in the Panel at Sl. No. 31 out of a panel of 32, her scope for exercising her area of preference for a College located at a reasonable distance from her residence was narrowed down and she had no alternative but to opt for Panchmura Mahavidyalaya. She also gave details of the difficulties at Panchmura Mahavidyalaya and stated that a woman, and specially a married woman, should be given some preferential treatment. She also stated that she had to accept the recommendation not out of her free will/consent but because of the compulsion as, in the meantime, she had attained the maximum age limit of 35 years and therefore, she knew that is she refused, she would lose all future chances of appearing before the Selection Committee as she would be rejected on the ground of being age barred. She also pointed out as follows:-
"I state that since I had never been to Bankura more particularly in Panchmura, I had no knowledge about the place where the College is located and the means of 10 transport, to go to such place. In order to have a first had experience of the same, by husband and my father first went to Bishnupur on 17.3.2010 by a 5 hour arduous bus journey from Chinsurah (where we live) and then to Panchmura Mahavidyalaya by a hire private car taken from Bishnupur bus Stand. They met the Principal of the said College, talked to him and gathered information, and then came back to Chinsurah at Night by bus. After undertaking such journey visiting the place and talking to the Principal they gathered the following information:
i. Panchmura is not directly connected by any Bus route from Chinsurah or by railway.
ii. It is about 25 to 30 KM from Bishnupur and it does not lie straight way on bus route, but there is a bus service which runs skirting the Panchmura Village, in which the college is situated. iii. Frequency of such Bus Service is on average about every on a hour after and it takes about one & half hour journey from Bishnupur to reach Panchmura Village.
iv. The nearest bus stop is about one & half KM. From offered Panchmura Mahavidyalaya which one had to cover on foot, if one does not have any personal conveyance.
v. The College is located in a rather lonely place, surrounded by forest area and the locality is sparsely populated without much infra structural facilities, like shops, market Rickshaws, Auto Telephone booths, etc. vi. At present there is only one lady lecturer is working there. vii. To attend the college an outsider has to settle down at Bhshnupur, town wherefrom the college can be commuted, if one has a personal means of conveyance, like two wheeler etc. In this connection I further state that my family consists of my husband, a little above 3 year old son and an ailing 80 years old widowed mother in law. We live in a rented two room flat at Chinsurah, my husband is an Associate Professor in Pediatic Medicine and now posted at Calcutta Medical College & Hospital, whose service is transferable elsewhere in West Bengal, we have recently (but before my selection as a College Lecturer) purchased an apartment at Chinsurah Branch out of loan advanced by the State Bank of India, Chinsurah Branch. A substantial amount of money out of our income, is being paid every month to the said Bank towards repayment of the loan amount on installment basis.
6. Now in the facts and circumstances stated hereinabove, I approach the concerned authorities of the W.B. College Service Commission with this humble application and would request the commission to please consider my under noted points and difficulties to join the college at Panchmura, if appointed and to review the above noted recommendation of the Commission made in my favour for my appointment at offered Panchmura Mahavidyalaya.
(i) Panchmura College is not easily accessible for an outside married woman candidate like me having a very minor child & an ailing 80 years old mother in law to look after & take care of.
(ii) There being no elderly male member in my family and my husband now being posted at Kolkata as disclosed above who will not be above to stay with me at Bishnupur, my staying at Bishnupur alone with my little child and mother in law will expouse us to grave risk and inconvenience, which as a yound house wife & service holder I may not be above to cope with.
(iii) From the point of financial liability involved to open out 2nd establishment at Bishnupur, if I stay at Bishnupur for the sake of my service it will have 11 an adverse effect on our loan repayment schedule to Bank inviting payment of Panel interest.
(iv) When the Commission has the Power under the Rules/Regulation to change its recommendation in certain Contingencies to enable the recommended candidate to join in another College, due to unforeseen situation, the disabling factor like location of the working place at long distant place from home district for a married woman candidate like me with a minor child need to taken into account for her posting at nearer place connected by easily available Public transport facilities.
(v) A woman candidate, more particularly young married working woman with a family to look after may get some preferential treatment from the authorities in public Employment as regards her place of posting even if warranting positive discrimination, to provide such candidate being a member of the weaker section of the society, social and economic Justice to give Practical shape to "Empowerment of Women." (Quoted)
18. Under the aforementioned circumstances, she prayed that her case should be sympathetically considered and her allotment of Panchmura Mahavidyalaya should be changed and a fresh recommendation should be changed and a fresh recommendation should be made for any other College situated at a nearby place. The aforementioned letter was therefore a letter which was sent within 15 days as per the option given to her vide letter dated 10.3.2010, as contained in Annexure-P/7. The Commission therefore cannot say that the Petitioner accepted Panchmura Mahavidyalaya without any demur nor can they be allowed to contend that the Petitioner accepted Panchmura Mahavidyalaya without lodging any protest.
19. Another important aspect which cannot be lost sight of is that the Commission seems to have withheld, a very significant fact from the candidates. A candidate, at the time of making an Application in the prescribed form, is not expected to know that Rules and Regulations prevailing in the Commission. He or she, at that stage, is only concerned with as to whether he/she is eligible and on the basis thereof, makes an Application in the 12 prescribed manner. The prescribed Form in which the Petitioner filled her details has been bought on record between pages 64 to 65 of the Writ Petition vide Annexure-P/4 Series. That Form, does not provide any intimation to the candidates with regard to Regulation 9(3) of Regulations issued by the West Bengal College Service Commission on 21.8.1992 being the Regulations framed in exercise of its powers conferred under the provisions of Section 17 of the West Bengal College Service Commission Act, 1978. That Regulation being Regulation 9(3) lays down that the area-wise preference of the candidates shall be taken into account at the time of allotment of Colleges/making recommendation appointment.
20. It is evident that the Petitioner sent her objections to the Commission within 15 days protesting to her posting at the Panchmura Mahavidyalaya which was received in the Office of the Commission on 24.3.2010.
They did not do anything in the mother and thus, it is evident that the Respondents did not adhere to Regulation 9(3) and did not take into account her area-wise preference. Regulation 9 must be deemed to mean that even after an area-wise preference has been given on the date of counselling, that option remains to be changed at the option of the candidates who can give in writing, within a period of 15 days from the date of issuance of the letter of recommendation, her willingness to join. This must also be included to mean that the candidate can give his/her unwillingness to join with reasons. This is evident from the Clause inserted in the letter dated 10.3.2010 itself as contained in Annexure-P/7. What is also important to bear in mind is that under Section 13 8(1) of the West Bengal College Service Commission Act, 1978 the manner of selection of persons of the post of Teachers of a College, is to be such as are provided by the Regulations framed under Section 17 of the said Act and therefore, non-compliance of the provisions of Regulation 9(3) by the Commission in the case of the Petitioner, was in violation of the provisions of law and therefore, the benefit should go to the Petitioner and she cannot be made to suffer considering the background on the basis of which she has been repeatedly praying that she should be given appointment in an area close to the vicinity where she lives.
This benefit should go to her because she cannot be made to suffer so much harassment merely because the Respondents chose to ignore the provisions of the Regulations.
Section 8, Section 17 and Regulation 9 read as follows:
"The West Bengal College Service Commission Act, 1978. (Bill was passed by the Assembly on the 5th December, 1978)
8. Manner of selection of person and procedure for the conduct of business of the Commission:
(1) The manner of selection of persons for appointment to the posts of Teachers of a college shall be such as may be provided for by the regulations.
(2) The procedure for the conduct of business of the Commission shall be such as may be provided for the regulations.
17. Power to make regulations:
(1) The Commission may, with the previous approval of the State Government, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, for discharging its function under this Act.
(2) In particular, and without prejudice tot he generally of the foregoing power, such regulations may provide for all or any of the following matters, namely:
(a) the terms and conditions of service of the employees of the Commission under sub-section (3) of section 6;
(b) the manner of selection of persons for appointment to the posts of Teachers of a college under sub-section 8;14
(c) the procedure for the conduct of business of the Commission under the sub-section (2) of section 8.Regulation No. 1
9. Allotment of candidates-
(1) On receipt of a request made by the Principal of a college for recommending the name of a suitable candidate for appointment in a vacancy against an approved post, the commission shall recommend only one name from the panel for appointment against the vacancy. A copy of the letter recommending the name shall be endorsed to the candidate concerned.
(2) The topmost name appearing in the panel at the material time shall be recommended every time.
(3) The area-wise preference of the candidates as well as the special requirement of the college concerned shall also be taken into account.
(4) If a candidate appointed on the recommendation of the Commission is thrown out of employment due to cessation of the vacancy for which he was recommended by the Commission, the Commission may, on receipt of such information from the college concerned, recommend his/her name for any other vacancy in the same college.
(5) Recommendation shall be made for appointment in vacancies against approved posts only. For determining as to whether any vacancy is against an approved post, the Commission may call for such information as may be necessary form the college and/or the Director of Public Instruction, West Bengal."
(Quoted but emphasis by bold fonts is by this Court)
21. For the reasons stated above, this Court cannot help but come to the conclusion that the Respondents, by framing the West Bengal College Service Commission Act and Regulations, are bound to follow the same and any deviation from the said Statute and/or the Regulations cannot be tolerated because if the Regulations demended that area-wise preference ought to have been considered then the Respondents could not have ignored her Representation. It is now well known that when a particular thing is required to be done in a particular manner then it must be done only in that manner and in no other manner. This well known concept of law can be found in various 15 Judgments of the Supreme Court including (1999) 8 SCC 266 (para 17), (2003) 5 SCC 437 (para 16).
22. That apart, the photocopy of the Regulations which were produced in Court by Mr. Bidyut Kiran Mukherjee, learned Senior Advocate, contains a set of "Procedures" which also appears to have been adopted by the West Bengal College Service Commission. The Procedure provided under Clause 2 thereof is, that while making recommendations, the area-wise preference as also preference for posts of candidates should be taken into consideration. The same reads as follows:-
"The West Bengal College Service Commission 147 A, Rashbehari Avenue, Calcutta- 700 029.
Procedure followed (in the West Bengal College Service Commission) In recommending candidates to different colleges.
PANEL The main two functions of the West Bengal College Service Commission is to prepare subject-wise merit panel from eligible candidates and (2) to recommend empanelled candidates to fill up vacancies in non-Government colleges.
In order to discharge effectively the above two responsibilities, the Commission has adopted some principles and guidelines.
1. (a) The Commission prepares panel for all subjects that are usually taught in colleges under C.U., B.U., N.B.U., V.U. & K.U. These panels are prepared subject-wise and according to the merit of the candidates judged by way of interviews in presence of subject-experts. These panels are hung up for Public view.
(b) These panels contain name of the candidate, his date of interview, Specialisation in the Masters Degree and the marks obtained for overall performance.
RECOMMENDATION
2. (a) The Commission recommends candidates to fill up vacancy, either permanent or temporary for each subject, against requisitions from the colleges. The Commission while recommending a candidate considers the following aspects:-
(i) Merit position of the candidates in the subject panel.
(ii) Area-wise preference as also preference for
permanent/temporary posting of the candidates.
(iii) G.O. No. 3067-Edn(CS), dt. 20.8.87 regarding
specialisation of a candidate in the Master degree level (enclosed please find herewith a copy of the said G.O. for ready reference.16
In this way of recommendation there may be two facets:
1. In one case of recommendation, if everything is normal, the candidate topping the merit list at the relevant time will automatically be considered."
(Quoted but emphasis by bold fonts is by this Court)
23. It is thus evident that the Commission having adopted a Procedure cannot be allowed to ignore the same. In the case of Ramana Dayaram Shetty Vs. The International Airport Authority of India, reported in AIR 1979 SC 1628, it has been held that he who picks up the procedural sword, shall perish with the sword. Consequently, if the Respondents choose to ignore their own Regulations and Procedure, then they must be said to have acted illegally.
24. Under such circumstances, there is now no option but to hold that the Respondents were bound by the set of Rules, Regulations and the Procedure that they had themselves adopted and also considering the provisions of Article 15(3) of the Constitution of India, they ought to have carefully and properly dealt with the Representation of the Petitioner which was sent within 15 days from the date of the Recommendation. Having not done so, they have acted illegally. Article 15(3) of the Constitution of India reads as follows:-
"15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-
(a) access to shops, public restaurants, hotels and
places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads
and places of public resort maintained wholly or partly out of State funds or dedicated to the use of general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the 17 advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Schedules Tribes."
(Quoted but emphasis by underlining is by this Court)
25. Under the circumstances, this Writ Petition is allowed and the Respondents are directed to recommend the name of the Petitioner to a College located at a reasonably commutable distance from the place where she lives and as indicated by her repeatedly after considering the vacancy position in any such College or Colleges and after taking into consideration, the observations made above in this Writ Petition.
There shall, however, be no Order as to Costs.
Upon appropriate Application(s) being made, urgent Photostat Certified copy of this Judgment, be given/issued expeditiously subject to usual terms and conditions.
(Tapen Sen, J.) 30th August, 2011 S.B. A.F.R./N.A.F.R.