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Calcutta High Court (Appellete Side)

Jadavpur University & Ors vs Partha Sarathi Satvaya on 16 July, 2014

Author: Jyotirmay Bhattacharya

Bench: Jyotirmay Bhattacharya

                              1


16.07.2014.                       M. A. T. 1115 of 2014
   dc.                                  with
                                   CAN 6494 of 2014



                             Jadavpur University & Ors.
                                      versus
                              Partha Sarathi Satvaya



              Mr. Billwadal Bhattacharyya,
              Mr. Arkaprava Sen      ... For the Appellants/Applicants.

              Mr. Bikash Ranjan Bhattacharya,
              Mr. Raghunath Chakraborty,
              Ms. Tanusri Das    ... For the Writ Petitioner/Respondent.

Re: MAT 1115 of 2014 After hearing the learned counsel appearing for the parties, we feel that the appeal should be heard. Accordingly, the appellants are directed to file requisite number of paper books within four weeks from date.

Let the appeal be posted for hearing four weeks hence.

Re: CAN 6494 of 2014 (Stay) After considering the provision contained in Section 27 of the Jadavpur University Act, we are of the view that the power to refer the recommendation back to the Selection Committee for reconsideration, is given to the Vice-Chancellor under sub-section (2) of Section 27 of the said Act in case the Vice-Chancellor refuses to accept the recommendation of the Selection Committee.

The summary of A.P.I and total scores of shortlisted applicants called for the interview and seminar for the post of Assistant Professor in Illumination Science and Engineering Design reserved for the Scheduled Caste candidates has been produced before us by Mr. Billwadal Bhattacharya, learned advocate appearing for the University/appellant.

We have considered the said summary score-sheet. Some corrections are apparent in the said score-sheet. As such, at this stage we cannot rule out the suspicion created due to such corrections resulting in referring it back to the Selection Committee for reconsideration.

Accordingly, we stay the operation of the impugned order with this rider that after submission of the reconsidered view of the Selection Committee to the Vice-Chancellor, no final decision either for its acceptance or its rejection will be taken by the Vice-Chancellor before placing the reconsidered view of the Selection Committee before us and without leave of the Court. Such process should be completed within three weeks from date.

The stay application being CAN 6494 of 2014 thus stands disposed of.

Let the affidavit-of-service filed in Court today, be kept with the record.

(JYOTIRMAY BHATTACHARYA, J.) ( ISHAN CHANDRA DAS, J. )