Calcutta High Court
Sumita Mondal (Bose) vs State Of West Bengal & Ors on 1 October, 2008
Order Sheet Sheet No.
WP No. 1562 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
SUMITA MONDAL (BOSE)
Versus
STATE OF WEST BENGAL & ORS.
For the Petitioners : Mr. Ekramul Bari, Adv.
Mr. Shamimul Bari, Adv.
For the Respondent- College : Mr. Pulak Ranjan Mondal, Adv.
Service Commission For the State-Respondent : Mr. Prafulla Kr. Ghosh, Adv. For the University of Calcutta : Mr. Biswaroop Bhattacharya, Adv.
BEFORE:
The Hon'ble JUSTICE SADHAN KUMAR GUPTA Date: 1st October 2008 Learned Advocate for the petitioner, learned Advocate for the respondent-College Service Commission and learned Advocate for the University of Calcutta and learned Advocate for the State are present.
An affidavit and affidavit-in-reply filed in court today are kept on record.
It appears that the petitioner's name has been empanelled for the post of lecturer in Anthropology by the 2 respondent-College Service Commission. Although the petitioner is an empanelled candidate, still his name could not be recommended for the post of lecturer in any college as there was no vacancy available. The petitioner by way of filing an affidavit has stated that there is a vacancy existing in a college and requisition has already been made by the said college with the College Service Commission and such requisition has been received by the said commission on 16th September 2008. In the affidavit-in-reply the College Service Commission has stated that no requisition has been received by it and as such it is not possible to recommend the name of the petitioner in any such college for the post of lecturer in Anthropology. At the same time learned Advocate for the College Service Commission submits that if there is any vacancy available and if any requisition is received by the commission from the college authority during the subsistence of the panel in question, then the College Service Commission will certainly recommend the name of the petitioner, he being an empanelled candidate.
Upon hearing the learned Advocates for all the sides and upon considering the submission as made by the learned Advocate for the College Service Commission the writ petition is disposed of with the direction upon the College Service Commission to inquire in its office as to whether any requisition for the post of lecturer in Anthropology has been 3 received or not from any college under the University of Calcutta. If on scrutiny it appears to the commission that such requisition has been received for the post of lecturer in Anthropology from any college under the University of Calcutta then during the subsistence of the panel in question the College Service Commission shall recommend the name of the petitioner to the said college without any delay whatsoever.
All parties are to act on a signed xeorx copy of this order on the usual undertakings.
(SADHAN KUMAR GUPTA, J.) R. Bose R.O.(Ct.)