SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Cal) 818

DEBANGSU BASAK
Aulie Banerjee – Appellant
Versus
Maulana Abul Kalam Azad University – Respondent


Advocate Appeared:
For the Petitioner:Mr. Debasish Banerjee, Advocate.
For the Respondent:Mrs. Nandini Mitra and Mr. Sanjay Saha, Advocates.

JUDGMENT :

Debangsu Basak, J.

The petitioner has sought cancellation of the employment notification dated June 3, 2015 issued by the West Bengal University of Technology at least to the extent of the post of associate professor in Bio-informatics.

2. According to the petitioner such post has been reserved for other Backward Class (O.B.C.) category candidate. A single cadre post cannot be reserved. In support of such contention reliance has been placed on 1998 (4) SCC 1 (Post Graduate Institute of Medical Education & Research, Chandigarh v. Faculty Association & Ors.). Reservation cannot be applied to a single isolated post as it would amount to 100% reservation and in support of such contention reliance has been placed on 2009 (1) SCC 1 (State of Karnataka & Ors. v. K. Govindappa & Anr.).

3. Relying upon 2004 (3) Calcutta High Court Notes 31 (Biplab Kumar Sinha v. State of West Bengal & Ors.) it has been submitted that, applying the test laid down therein the irresistible conclusion would be that the post concerned is a single cadre.

4. On behalf of the University authorities it has been contented that, the petitioner does not have the requisite qualification to be given an appointment













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top