IN THE HIGH COURT AT CALCUTTA
RABINDRANATH SAMANTA, J.
Santanu Basu - Petitioner
Versus
The West Bengal College Service Commission and Others - Respondents
WPA 4693 of 2020
Decided On : 17-05-2023
Constitution of India, 1950 – Article, 226 – Assistant Professor) Regulations, 2012 – Appointment to post - Minimum eligibility criteria - Challenging panel prepared by West Bengal College Service Commission selecting candidates for appointment to posts of Assistant Librarian, petitioner has approached Court by preferring this writ petition– Held, Order of merit has acquired lesser marks than that of marks secured by aforesaid regard to factual scenario as displayed will not be wise to serve a copy of report submitted by respondents in sealed cover upon petitioner – Court should be slow to interfere with observation opinion of Selection Committee comprising experts field unless mala fides are impleaded and proved by evidence – Petitioner has failed to plead with sufficient particulars merit list panel was prepared with mala fide intention by Selection Committee and with favouritism - Writ petition is dismissed.
JUDGMENT :
(Rabindranath Samanta, J.) :
1. Challenging the panel prepared by the West Bengal College Service Commission selecting the candidates for appointment to the posts of Assistant Librarian, the petitioner has approached this Court by preferring this writ petition.
2. The background facts giving rise to this writ petition may be adumbrated as under:
The petitioner Santanu Basu has a brilliant academic career. He obtained Bachelor’s Degree in Library and Information Science as well as Master’s Degree in Library and Information Science. He also cleared M. Phil in Library and Information Science in 2018 from the University of Calcutta. In response to an advertisement dated 4th February, 2019 issued by the West Bengal College Service Commission vide advertisement No. 1/2019, the petitioner applied for the post of Assistant Librarian. In the advertisement it was stated that calculation of vacancies would be done in accordance with the terms laid down in the West Bengal College Service Commission (manner of selection of persons for appointment to the post of Assistant Professor, Principal and Librarian and recommendation of Assistant Professor) Regulations, 2012. The vacancy, cut-off date and the exact number of all vacancies (category-wise and college-wise) would be notified before publication of the merit panel. But the commission would not be responsible for absence of vacancy under any category for non-receipt of requisition from any Government Aided College. In the advertisement it was spelt that minimum eligibility criteria contained in the advertisement would be governed by the provisions of the West Bengal Government notification No. 1448-EDN (CS)/8R-01/10 dated 19th December, 2018. The Commission however, could introduce additional parameters to select candidates of high calibre. As regards educational qualification, it was stated in the advertisement that a candidate must possess Master’s Degree in Library Science/Information Science/Documentary Science or an equivalent professional degree with at least 55 % marks (or an equivalent grade or grade point wherever grading system is followed) from a recognized University/Institute. It was also stated in the advertisement that a candidate qualifying Library Science at the National Eligibility Test conducted by the UGC or any other test like SET/SLET accredited by the UGC would also be eligible for recruitment in West Bengal. The petitioner submits that in the year 2015, following were the score pattern for Librarian:
| Items | Assistant Professor | Librarian |
| M.P./Eqv. | 05 | 05 |
| H.S./Eqv. | 10 | 10 |
| UG (General)/(Hons.) | 15/20 | 10 (B. LIS.) + (B.A./B.Sc./B.Com.)/10 (with Hons. In B.A./B.Sc./B.Com.) |
| PG | 20 | 15 (M. LIS.) + 10 (M.Sc./M.Com.) |
| NET/SET | 04 | 04 |
| M.Phil./Ph.D. | 03/06 | 03/06 |
| Research & Publications | 04 | 04 |
| Experience | 06 | 06 |
| Interview & Teaching Demonstration | 20 05 | 20 |
| Total | 100 (Maximum) | 100 (Maximum) |
Such score pattern for Librarian published in the year 2015 remains unaltered. After the applications were submitted by the eligible candidates, the West Bengal College Service Commission conducted interview for the post of Librarian on 29th August, 2019.
Thereafter, the West Bengal College Service Commission published the merit list on 29th November, 2019. In the merit list as published, the name of the petitioner does not figure. The petitioner states that the candidates having lesser qualification have been empanelled in the merit list. The petitioner complaints that the candidates namely, Sudipta Pradhan under Roll No. 3000000545, Ranita Das under Roll No. 3000000699, Amir Kr. Das under Roll No. 3000000903, Arijit Ganguli under Roll No. 3000001022, Gopinath Das under Roll No. 3000000734, Ankit Das under Roll No. 3000001100, Priyanka Khuntia under Roll No. 3000000784, Payel Shee under Roll No. 3000000853, Trishna Bhu
Dhampur Sugar (Kashipur) Ltd. vs. State of Uttaranchal and Others reported in (2007) 8 SCC 418
Markio Tado vs. Takam Sorang and Others reported in (2012) 3 SCC 236
Bharat Singh and Others vs. State of Haryana and Others reported in (1988) 4 SCC 534
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