SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
West Bengal College Service Commission – Appellant
Versus
Amal Kanta Giri – Respondent
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 Univers
The court held that procedural strictness in recruitment must be balanced with fairness, allowing exceptions for valid experience certificates issued by authorized personnel even if not counter signe....
The main legal point established in the judgment is that the experience certificate should be considered valid, and the decision not to award marks for the petitioner's experience was not sustainable....
The main legal point established in the judgment is the requirement to consider experience certificates and the principles of natural justice in determining eligibility for the post of Laboratory Ass....
Teaching experience marks for Assistant Professor shortlisting invalid if claimed prior to essential qualifications (NET/SET/M.Phil/Ph.D) or based on unverified/dubious certificates; erroneous shortl....
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