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2001 Supreme(Cal) 16
High Court Of Calcutta
Mahemmad Habeeb Shams Ansari
MD.KETAB ALI - Appellant
Versus
STATE OF WEST BENGAL - Respondent
W. P. 1978 Of 2000
Decided On : 01/15/2001
G.BANERJI, PRANAB CHATTERJI, R.CHATTERJI, S.B.CHAKRABORTY
The Selection Committee must comply with the statutory rules and regulations governing the selection process, including preparing a panel of at least three candidates, specifying reserved posts in the advertisement, and following the prescribed selection procedure.
Headnote:
UNIVERSITY SELECTION PROCESS - [KEYWORD]: Recruitment Rules - Relaxation of Age - Written Test - Interview - Selection Committee's Powers - Estoppel.
Fact of the Case:
A writ petition was filed challenging the selection process for two posts of Lecturers in the Faculty of Veterinary and Animal Sciences at West Bengal University of Animal and Fishery Sciences (W. B. U. A. F. S.). The petitioner, a general category candidate, questioned the selection of two candidates, one from the general category and one from the SC category, alleging irregularities in the selection process.
Finding of the Court:
1. The Selection Committee failed to prepare a panel of at least three candidates for each post as required by the first statute framed under the West Bengal University of Animal and Fishery Sciences Act, 1935. 2. The advertisement for the posts did not specify that one of the two posts would be reserved for an SC category candidate, violating the petitioner's right to equal opportunity. 3. The Selection Committee granted age relaxation to one of the selected candidates without having the power to do so under the Recruitment Rules. 4. The selection was based solely on an interview, without conducting a written test as required by the Recruitment Rules.
Issues: 1. Whether the Selection Committee's failure to prepare a panel of at least three candidates for each post violated the statutory rules. 2. Whether the University's reservation of one post for an SC category candidate without specifying it in the advertisement was illegal. 3. Whether the Selection Committee had the power to grant age relaxation to a candidate. 4. Whether the selection based solely on an interview without a written test was contrary to the Recruitment Rules.
Ratio Decidendi: 1. The Selection Committee is required to prepare a panel of at least three candidates for each post in order of merit, as per the first statute framed under the West Bengal University of Animal and Fishery Sciences Act, 1935. 2. Reservation of posts for SC/ST candidates must be specified in the advertisement for the posts, and the University cannot reserve a post without mentioning it in the advertisement. 3. The Selection Committee does not have the power to grant age relaxation to candidates unless it is specifically authorized to do so under the Recruitment Rules. 4. The Recruitment Rules require the selection to be based on either a written test or a written test and interview, and the Selection Committee cannot deviate from this requirement.
Final Decision: The Court quashed and set aside the selection of the two candidates based on the impugned selection process and directed the University to conduct a fresh selection by advertising the two posts of Lecturers afresh and making the selection in accordance with the law. The Court also directed the University to continue the appointment of the selected candidates for a period of three months from the date of the judgment to avoid any disturbance or inconvenience to the students.
( 1 ) THE facts in brief and to the extent relevant for the purpose of disposal of this writ application are as under; the West Bengal University of Animal and Fishery Sciences (Respondent No. 2), for short W. B. U. A. F. S. was established in the year 1995 having been bifurcated from B. C. K. V. by West Bengal Act VI of 1995. The W. B. U. A. F. S.-the University is comprised of three faculties viz. , (I) Faculty of Veterinary and Animal Sciences, (II) Faculty of Diary Technology and (III) Faculty of Fishery Sciences. An advertisement was made in leading newspapers by the University inviting applications from eligible candidates for selection in the teaching courses amongst others. Various teaching posts exists in the said three departments which were required to be filled up including that of the posts of Officers of the University. Amongst the teaching posts advertised in the various departments, applications were invited for the posts of Professors, Readers and Lecturers. For the post of Veterinary Medicine and Public Health in the faculty of Veterinary and Animal Sciences, two posts of Lecturers were advertised. The advertisement, annexure "b" sets out the number of posts to be filed up as also the qualifications required therefor.
( 2 ) IN so far as the post of Lecturers two in number is concerned, which is the subject matter of the instant writ application, in the impugned advertisement the qualifications have been specified and it has been further stated in Clauses 6 (d) and 6 (e) as under;"6 (D): Ph. D. degree will be given preference. (e): Age not above 35 years. "
( 3 ) IT is stated in the affidavit-in-opposition filed on behalf of the University that 28 number of applications were received and a Screening Committee was constituted by the Vice-chancellor to screen those applications. The Screening Committee recommended 22 number of applications being qualified to appear before the Selection Committee. The Selection Committee interviewed the candidates and selected Dr. Chandan Lodh and Dr. Ujjal Biswas, private respondents No. 8 and 9 respectively for the said two posts of Lecturers in the department of Veterinary Medicine and Public Health. Dr. Chandan Lodh, respondent No. 8 was selected against general quota and Dr. Biswas was selected against SC Quota. The recommendation of the Selection Committee was placed before the Executive Council who at its 12th meeting approved the recommendation whereupon letters of appointment were issued in favour of the private respondents No. 8 and 9. The petitioner being one of the candidates in the general category has questioned the aforesaid selection and prayed for quashing and/or setting aside the selection for the post of Lecturers in the Department of Veterinary Medicine and Public Health.
( 4 ) FOUR specific grounds of challenge have been taken in the writ application which according to the petitioner vitiated the selection process. We shall deal with the said contentions in seriatim.
( 5 ) MR. Pranab Kr. Chatterjee, learned senior advocate appearing along with Mr. R. Chatterjee on behalf of the petitioner submitted that the preparation of the panel with less than three candidates in each of the two posts of Lecturers is violative of the statutory rules. The averment in paragraph12 of the writ application is to the effect that two panels were prepared for the said two posts of Lecturers. One panel comprised of selected candidates i. e. respondent No. 8 (General category) and respondent No. 9 (SC category ). The other panel is comprised of private respondent No. 10 (General category) and private respondent No. 11 (SC category ). In the affidavit-in-opposition affirmed on behalf of the respondents No. 2 to 7 by Dibakar Jana, respondent No. 4, it has been stated "that it was found to be judicious to prepare a panel with only suitable candidates whose performance in the interview was satisfactory and in the field of teaching research extension found to be m
