- (1.) This matter has been referred to by the Hon'ble Chief Justice, as learned single Judge has not been able to agree with the views on a particular point with another learned single Judge.
(2.) The point formulated by the learned trial Judge for which this matter has been referred to, is as follows: Whether for the purpose of filling up of a vacant post specified in Statute 160(a)(ii) of the Vidyasagar University First Statutes, 1983 at a time the memorandum No. 924-Edn (CS)/ 10M-10/03 dated 26th November, 2007 and 585-Edn (CS)/10M-20/08 dated 9th September, 2008 have not become operational, the recruiting authority was required first to ascertain whether there was any efficient and experienced member of the lower subordinate staff having the requisite qualifications, as prescribed in Statute 163(c) and if such lower subordinate staff were found suitable, fill up such vacancy from such lower subordinate staff without following the procedure for direct recruitment or they were required to seek sponsorship from the employment exchange in terms of memorandum No. 830-Edn(CS) dated 31st October 1995 or consider the claims of lower subordinate staff who were efficient and experienced, having suitable qualification, only if names of such staff when sponsored by the employment exchange?
(3.) On reading the judgment of the learned referring trial Judge, we find that another learned single Judge while considering the relevant provision of the recruitment rules of North Bengal University, had taken different view. This recruitment rule relates to recruitment for filling up of the post of clerk in a college controlled by the Vidyasagar University. Applying the doctrine of pari materia, the aforesaid question has been referred to, for answer: We have checked up the relevant recruitment rules in both the universities and we find that the languages are identically same. The writ petition before the learned single Judge pertains to the question of granting approval to the appointment for the post of clerk of the college as the writ petitioner was selected on the basis of open selection method (direct recruitment). The Director of School Education, however, is of the view that the selection method is legally flawed as the interpretation given by the college authority with regard to the recruitment process in the Statute, is not correct. The Director of School Education's view is that the field of choice, while filling up the post of clerk is very restricted and shall not be extended to outsiders and it must be confined to the departmental experienced and eligible candidates, as mentioned in the relevant rules. Therefore, we need to set out the relevant recruitment rules before we express our mind on this question.;