BARNALI SEN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2011-8-69
HIGH COURT OF CALCUTTA
Decided on August 30,2011

BARNALI SEN Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Tapen Sen, J. - (1.) THE Writ Petitioner has prayed for an Order commanding upon the Respondent Nos. 2 and 4(the West Bengal College Service Commission and its Secretary) to allow her to state her area of preference for allotment of College and the, to recommend her name as a Lecturer in English in such a College located within the said area of preference or in any other College located at a commutable distance from her residence at Chinsurah Town in the District of Hooghly. She has also made prayers which includes a Direction upon the Respondents to show cause as to how OBC and physically handicapped candidates were included in the Merit Panel which was published by the said Commission on 25.11.2009 and which was a Panel for general category candidates. She has further prayed for a Direction upon the authorities to produce the authenticated, up-to-date list of vacancies of both permanent and temporary Lecturers in English under general category under the University of Burdwan. Other consequential prayers have been made including a prayer that she should be recommended to a College, located nearby her residence, as a special case.
(2.) THE West Bengal College Service Commission (hereinafter referred to as the Commission) published an Advertisement dated 5.12.2008 on their Website inviting Applications in the prescribed Form from eligible candidates for preparation of a Panel for appointment to the post of Lecturers and Librarians in affiliated non-Government Colleges/Teachers Training Colleges under different Universities in West Bengal. THE Commission also published lists of tentative vacancies as on 15.9.2008 on the post of Lecturers in different subjects and in the said list for Burdwan University, the total number of vacancies in the post of Lecturers in English was shown as 78 and for physically handicapped candidates. It was shown as 3. The Petitioner, fulfilling the eligibility criteria for the post of Lecturers in English, applied in the prescribed manner as a general category candidate under the Burdwan University. She was called for interview on 9.7.2009 in the Office of the said Commission. Thereafter, she was empanelled under the general category and the Panel was published on 25.11.2009 in the Commissions Website for the subject English under the Burdwan University. The Panel consisted on 32 candidates which was arranged in order of the marks obtained by the respective candidates at the selection test and the name of the Petitioner was placed at Sl. No.31. Thereafter, by a letter dated 5.2.2010, the Secretary of the Commission informed the Petitioner to appear for counselling on 10.3.2010.
(3.) ACCORDING to the Petitioner, in the Advertisement itself, the list of vacancies as on 15.9.2008 in different subjects and in different affiliated Colleges (University zone-wise) was given and from the list specified for the Burdwan University in the subject English, the vacancy position was as follows:- CATEGORY GEN OBC SC ST TOTAL 32 5 30 11 78 and for physically handicapped-3. According to the Petitioner therefore, there were in all 78 vacancies apart from this, out of which 32 were earmarked exclusively for the general category candidates. The Petitioner has further stated that similarly, 5 posts were earmarked for the OBC candidates apart from vacancies that were reserved for Scheduled Tribes, Scheduled Castes and physically handicapped candidates. The Commission subsequently and in the month of February 2010, published the final vacancy list and the Petitioner found that the number of vacant posts in the general category in different Colleges, were not specifically mentioned.;


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