IN THE HIGH COURT OF CALCUTTA
Manjula Chellur, Joymalya Bagchi, JJ.
Kiran Chandra Das - Petitioner
Versus
Jadavpur University and Ors. - Respondents
W.P.C.R. 10052 (W) of 2005 and W.P. 1509 (W) of 2005
Decided On : 27-01-2015
PUBLIC INTEREST LITIGATION - MAINTAINABILITY - APPOINTMENT OF LECTURERS - SELECTION COMMITTEE - MAJORITY AND MINORITY PANELS - QUALIFICATIONS OF CANDIDATES - JUDICIAL REVIEW - WRIT OF QUO WARRANTO - LOCUS STANDI - JADAVPUR UNIVERSITY.
Fact of the Case:
The petitioner, a member of the selection committee for the appointment of lecturers in the Mathematics faculty of Jadavpur University, filed a public interest litigation challenging the appointment of four candidates to the posts of lecturers by the majority members of the selection committee, alleging that the candidates empanelled and selected by the majority members were less meritorious than the candidates empanelled and selected by the minority members.
Finding of the Court:
The Court held that the present public interest litigation was not maintainable and the petition deserved to be dismissed. The Court found that the candidates selected by the majority group of the Selection Committee had better academic records and achievements compared to the candidates empanelled by the minority group.
Issues: 1. Whether the present public interest litigation is maintainable? 2. Whether the candidates selected by the majority group of the Selection Committee had better academic records and achievements compared to the candidates empanelled by the minority group?
Ratio Decidendi: 1. A public interest litigation is not maintainable in service matters, except in the matter of a writ of quo warranto. 2. In the present case, the petitioner, being a member of the selection committee, had participated in the selection process and had not raised any objection to the procedure or the qualifications of the selected candidates at the time of the interview. 3. The qualifications of the selected candidates were not in issue and they had better academic records and achievements compared to the candidates empanelled by the minority group.
Final Decision: The petition was dismissed.
W.P.C.R. 10052 (W) of 2005 has arisen for violation of the order passed in the writ petition, being W.P. 1509 (W) for of 2005, hence W.P.C.R. 10052 (W) of 2005 does not survive for consideration.
2. The writ petitioner approached this Court complaining abuse of power by the majority members of the selection committee so far as the appointment to the post of Lecturer of Mathematics at Jadavpur University by empanelling candidates with less qualifications without giving any reasons or explanations. In other words according to them less qualified and sub-standard candidates were selected and/or appointed by majority members of the selection committee, therefore, he seeks following reliefs :-
"a. A Writ in the nature of Mandamus directing The Executive Council, Jadavpur University to cancel, rescind, revoke or withdraw the appointment of respondent Nos. 7, 8, 9 and 10 made to the post of Lecturer of Mathematics, Jadavpur University, from the panel prepared by the majority members of the Selection Committee for appointment to the posts of Lecturer of Mathematics, Jadavpur University.
b. A Writ in the nature of Mandamus directing The Executive Council, Jadavpur University to cancel, rescind, withdraw, revoke the panel formed by the majority members of the Selection Committee for appointment to the post of Lecturer of Mathematics.
c. A Writ in the nature of Mandamus directing The Executive Council, Jadavpur University to appoint the most academically qualified candidates from the panel prepared by the Minority members of the Selection Committee for appointment to the post of Lecturer Mathematics, Jadavpur University after giving the due approval to such panel.
d. A Writ in the nature of Certiorari directing the respondent authorities to certify and produce before this Honble Court all documents and/or papers relating to the empanelment of candidates for appointment to the posts of Lecturer of Mathematics so that conscionable Justice may be done by cancelling the appointments of respondent Nos. 7, 8, 9 and 10 and quashing the panel prepared by the Majority Members of the Selection Committee for appointment to the posts of Lecturer of Mathematics approved by the Executive Council and furthermore by directing the Executive Council to appoint the most academically qualifying candidates to the posts of Lecturer of Mathematics, Jadavpur University from the panel prepared by the minority members of the Selection Committee.
e. Rule NISI in terms of prayers (a), (b), (c) and (d) above.
f. An order of injunction restraining the Department of higher Education, Government of West Bengal not to issue any funds towards the payment of salaries of the respondent Nos. 7, 8, 9 and 10 appointed to the post of Lecturer of Mathematics, Jadavpur University and the University Grant Commission from disbursing any grant from its funds towards maintenance and development of Jadavpur University till disposal of the instant application.
g. Interim order in terms of prayer (f) above.
h. Ad-interim orders in terms of prayers (f) and (g) above."
3. In brief the facts of the present case have to be referred in order to understand the background in which the petitioner has come before this Court. Admittedly the petitioner was the Head of the Department of Mathematics of Jadavpur University and was a member of the selection committee for the appointment of Lecturer in the faculty of the Mathematics of the said University. In the year 2004 an advertisement was published inviting applications from the deserving candidates so far as five posts of Lecturers of Mathematics in the above University. The requirement to apply for the said post was notified as per notification dated August 25, 2004 which is as under :-
"Employment Notification No. A2/C/7/2004 dated 25th Aug, 2004.
a. Good academic record with at least 55% marks, 50% for SC/ST and Ph. D. degree holders who hav
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