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2010 Supreme(Cal) 551

I.P.MUKERJI
Santanu Das – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates appeared:
Uttam Majumdar, Debasish Kundu, K.J. Yusuf, Debasish Kar, Amitava Chaudhary, M. Choudhury, S. Dey, Amal Kumar Mukhopadhyay, S. Banerjee

JUDGMENT

I.P. MUKERJI, J.

1. THE writ petitioner is a very qualified person. He has a masters degree in commerce and philosophy. He has obtained a Ph. D. degree from Burdwan University as well. Pursuant to an advertisement of the West Bengal College Service Commission for recruitment of lecturer in Commerce, the writ petitioner appeared for interview on 11th July, 2007. He had applied for recruitment in any college under the Kalyani University for the post of commerce lecturer.

2. THE merit list was published on 18th January, 2008. He qualified. His grievance is that despite having qualified, his name was not recommended by the College Service Commission to the concerned college for appointment.

I have gone through the affidavit-in-opposition of the respondent Commission, particularly paragraphs 5 and 6 and their written submissions. They do not deny in this affidavit that the writ petitioner had qualified. Their defence is that the panel was published on 18th January, 2008 with validity of one year. In that period requisition for filling up the vacancy was not received by the Commission from any college. One year has expired and, therefore, the panel has lapsed. Suppose a particula




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