Calcutta High Court (Appellete Side)
Partha Chakrabatri vs Union Of India & Ors on 30 August, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1 30.08.2018Item No. 46
Ct. No.4 AB W.P. 16655 (W) of 2018 In the matter of: Partha Chakrabatri
-versus -
Union of India & Ors.
Mr. Pratip Chatterjee Mr. Rajendra Banerjee Mr. Subhendu Roychoudhury Mr. Rana Chakraborty ...... for the petitioner Mr. Pulakesh Bajpayee ....... For the CSIR Mr. Bhudeb Chatterjee ...... for the Union of India Petitioner wants to participate in interview for being appointed as Assistant Professor in Physical Science. He claims relaxation in qualifying criteria for Physical Science which is 36.5% in the subject for general category. Petitioner seeks relaxation on strength of communication made in February, 2012 by University Grants Commission to Council of Scientific and Industrial Research (CSIR) in which following was said:
"The University Grants Commission in its 482nd meeting held on 22nd Dec. 2011 has decided to extend the same relaxation in cur-off qualifying marks in the UGC- NET to the Physically Handicapped (PH)/Visually Handicapped (VH) candidates, which is extended to the SC/ST category candidates. The SC/ST category is provided 10% relaxation in qualifying criteria below the 2 general category in the UGC-NET. This decision has been implemented by UGC for the UGC-NET held from 24th Dec. 2011 onwards. You are requested to implement it with immediate effect for the Joint CSIR-UGC NET."
Mr. Chatterjee, learned advocate appears on behalf of petitioner and moves this petition on urgent basis seeking dispensation of requirement under rule 26 of Writ Rules. He refers to disclosure at page 103 and submits, his client, being visually handicapped, is being denied relaxation in qualifying criteria by CSIR and as a consequence West Bengal College Service Commission will not allow him to participate in interview of selection process. He demonstrates his client obtained 31.7% marks and on relaxation of qualifying criteria made available to him as per said communication made in February, 2012, petitioner qualifies to participate in interview.
Mr. Bajpayee, learned advocate appears on behalf of CSIR but is unable to submit regarding contents of information supplied by his client through letter dated 24th September, 2013 as at variance with said communication made in February, 2012. Mr. Bhudeb Chatterjee, learned advocate appears on behalf of Union 3 of India and seeks adjournment on ground he has just been served.
The Commission will allow petitioner to participate in interview without prejudice to rights and contentions of parties. This participation will not accrue in favour of petitioner any right or equity. Petitioner's eligibility will be decided upon hearing of the writ petition. Service along with copy of this order is to be made upon the Commission and affidavit of service is to be filed on adjourned date.
List on 10th September, 2018.
(Arindam Sinha, J.)