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2016 Supreme(Cal) 963

ARIJIT BANERJEE, GIRISH CHANDRA GUPTA
Governing Body of Bankinm Sardar College – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Kishore Dutta, Mr. Kallol Basu, Mr. Debashis Sarkar, Mr. Nilanjan Pal, Mr. Saktinath Mukherjee, Mr. Aniruddha Chatterjee, Mr. S.S. Mondal, Mr. Arijit Biswas
For the College Service Commission : Mr. Pulak Ranjan Mondal Ms. Bandana Das
For the University of Calcutta : Ms. Shampa Sarkar
For the State : Ms. Debjani Roy

JUDGMENT :

Arijit Banerjee, J.

The present reference arises out of an order dated 23rd December, 2013 passed by a learned Single Judge of this Court seeking views by a larger Bench on the following questions:

“1. Whether recommendation of the College Service Commission for the post of Principal, or for that matter for any teaching post is binding on the college and mandatory inasmuch as whether once a recommendation is made, the college may request the College Service Commission to revise or change the said recommendation;

2. If the candidate is a member of the teaching staff of the college and if his application is duly forwarded or routed by the college authorities whether the college can raise any objection at a later stage.”

2. Briefly stated the facts and circumstances of the case are as follows:

Dr. Prasanta Kumar Sen, an Associate Professor in Botany working with Bankim Sardar College applied for the post of Principal in different non-government colleges in terms of advertisements issued by the West Bengal College Service Commission. Though there are allegations that Dr. Sen succeeded in obtaining a recommendation by resorting to malpractice but the fact remains that on 14th Augus















































































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