JUDGMENT :

1. In this instant appeal the Judgement of the Hon’ble Single Bench dated the 9thday of September, 2021 passed in the writ petition being WPA 4138 of 2021 is under challenge. The challenge in the writ petition has been thrown by the present respondent/writ petitioner to the decision of not awarding two marks for post doctoral experience to him while assessing his marks for preparation of the provisional merit list published by the West Bengal College Service Commission for the post of Assistant Professor in Physics under the unreserved category.

2. The facts of the case are that The West Bengal College Service Commission (for short the Commission) published an advertisement being 1 of 2018 inviting applications for recruitment for the posts of 46 Assistant Professors in the unreserved category in different Government aided colleges. The respondent/writ petitioner applied for being recruited as an Assistant Professor in Physics. The respondent/petitioner is a post graduate and has qualified the NET examination. The respondent has a post doctoral degree from the University of Duisberg-Essen, Germany and also has post doctoral research experience of two years from the University of Porto (Portugal) for the period extending from 1.9.2016 to 31.12.2018.

3. After the publication of the merit list by the Commission on the 2nd day of November 2019 the respondent writ petitioner found himself to be placed at serial No. 70. Thereafter the petitioner applied for his score sheet to know the score pattern under the Right to Information Act. The petitioner after obtaining the reply came to know that 20 marks has been allotted for performance in interview and the petitioner from his score sheet came to learn that he has not been awarded any mark on account of experience. As such the respondent/ writ petitioner has preferred the writ petition.

4. A report dated 10.08.2021 has been filed on behalf of the Chairperson of the Commission mentioning that the respondent writ petitioner has not submitted his post doctoral research experience certificate on the date of interview, that is on 02.04.2019.On the contrary, hehas furnished the said certificate by post on 02.02.2021, which has been received by the office of the Commission on 04.02.2021.

5. It is the contention of the Commission that as the provisional merit panel was published on 01.11.2019 and the post doctoral research experience certificate been submitted on 04.02.2021 so the claim of the respondent/ writ petitioner for two marks for his experience under the post doctoral category cannot be allotted to him.

6. The Learned Counsel appearing on behalf of the West Bengal College Service Commission during his elaborate submission has stated that as the post-doctoral research experience certificate of the respondent/ writ petitioner was not produced before the West Bengal College Service Commission on the date of interview, that is on the 2nd day of April 2019 or before the publication of the merit list published on the 2nd day of November 2019 so, the respondent/writ petitioner was not awarded one extra mark each for every year for the two years claimed of his post-doctoral research experience.

7. The Learned Counsel appearing on behalf of the respondent/writ petitioner has submitted that the instant appeal has been preferred by the West Bengal College Service Commission being aggrieved by the Judgement and order passed by the Hon’ble Single Bench directing the said Commission to verify the certificate produced by the writ petitioner in support of his post doctoral research experience and if the said certificate is found to be genuine then the Commission shall award necessary marks to the writ petitioner and thereafter add the additional marks to the marks already awarded in his favour and if after addition of the extra marks the position of the petitioner in the merit panel changes then the petitioner shall be appropriately placed in the provisional merit panel and if thereafter the resp