RAJATENDU BANIK Vs. STATE OF WEST BENGAL
LAWS(CAL)-2011-1-155
HIGH COURT OF CALCUTTA
Decided on January 13,2011

RAJATENDU BANIK Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) This writ application is directed against the decision of the respondent No. 3 to reject the candidature of the petitioner for the post of Lecturer in Zoology under the West Bengal State University at Barasat on the ground of his ineligibility in possessing requisite qualifications. The facts of this case, in a nutshell, is this : An advertisement, being No. 03-2008, dated December 5, 2008 was published by the respondent No. 3 inviting applications from the eligible candidates for preparation of panel for the post of Lecturers/Librarians of non-Government Colleges and Teachers' Training Colleges affiliated to the State Universities of West Bengal. Pursuant thereto, the petitioner submitted his application for the post of Lecturer In Zoology under the reserved category of Scheduled Caste in respect of the vacancies under the West Bengal State University at Barasat. The petitioner appeared in the interview on June 26, 2009. A provisional merit list in the subject of Zoology for the vacancies under the West Bengal State University at Barasat was published by the respondent No. 3 on September 25, 2009. The name of the petitioner appeared in the above merit list. He was allowed to attend the counselling on February 5, 2010. In course of counselling he was informed that his candidature could not be considered further for recommendation on the ground that he was not possessing requisite qualification so far as his M.Phil degree was concerned. The petitioner possessed M.Phil degree in the Environmental Science. According to the respondent-authority, it was not the concerned subject so far as the post of Lecturer in Zoology was concerned. Hence, this writ application.
(2.) It is submitted by the learned Counsel appearing for the petitioner that the petitioner obtained M.Phil degree in Environmental Science from the University of Kalyani. M.Phil degree in the same subject was not required to be possessed in terms of the eligibility criteria prescribed in Clause-C(I)(ii) of the Advertisement. According to him, an eligible candidate for the post of Lecturer in Zoology was required to possess degree in Zoology in three years Honours Degree Course as also in Master Degree Course in view of the qualification prescribed in Clause C(I)(i) read with the provisions of Clause-E of the Advertisement. But with regard to M.Phil degree, an eligible candidate was required to possess the same in the concerned subject only. According to him, the University Grants Commission in its communication dated June 14, 2007 (Annexure-"P-2" at page 17 of the affidavit-in-reply) informed the Vice Chancellor, University of Calcutta in similar circumstances that the relevance of subject was to be decided by the concerned University as per its requirements. Relying upon a certificate dated March 29, 2010 (Annexure-"P-5" at page 34 of the writ application) issued by the Head of the Department of Environmental Science, University of Kalyani, it is submitted by him that M.Phil in Environmental Science should be considered relevant to Zoology.
(3.) Learned Counsel appearing on behalf of the petitioner relied upon an unreported decision of a Division Bench of this Court dated June 22, 2010 in the matter of West Bengal College Service Commission & Ors. v. Manindra Ghose & Anr. in support of the above submissions.;


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