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HIGH COURT OF CALCUTTA
TAPEN SEN, J.
Barnali Sen - Appellant
Versus
State Of West Bengal - Respondent
W.P. No. 10300 (W) of 2010
Decided on : Aug 30, 2011
COLLEGE SERVICE COMMISSION - RECOMMENDATION - CHANGE OF PREFERENCE - AREA-WISE PREFERENCE - LEGAL PROVISIONS: 1. West Bengal College Service Commission Act, 1978, Sections 8(1) and 17. 2. West Bengal College Service Commission Regulations, 1992, Regulation 9(3).
Fact of the Case:
The Petitioner, a Lecturer in English, 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 of 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. Thereafter, by a letter dated 5.2.2010, the Secretary of the Commission informed the Petitioner to appear for counselling on 10.3.2010. 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. 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.
Finding of the Court:
1. 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. 2. 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. 3. 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.
Issues: 1. Whether the Petitioner's area-wise preference was taken into account while recommending her name for appointment? 2. Whether the Commission was bound to follow its own Regulations and Procedure?
Ratio Decidendi: 1. 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, 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. 2. 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.
Final Decision: The 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.
Tapen Sen, J.
1. 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 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.
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 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 Commissions 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.
3. THEREAFTER, by a letter dated 5.2.2010, the Secretary of the Commission informed the Petitioner to appear for counselling on 10.3.2010.
4. 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.
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 vacant posts in the general category in different Colleges, were not specifically mentioned.
5. 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 fina
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