GAYATRI SEN MAJUMDAR Vs. VICE CHANCELLOR OF THE UNIVERSITY OF CALCUTTA
LAWS(CAL)-1991-4-16
HIGH COURT OF CALCUTTA
Decided on April 30,1991

GAYATRI SEN MAJUMDAR Appellant
VERSUS
VICE-CHANCELLOR OF THE UNIVERSITY OF CALCUTTA Respondents

JUDGEMENT

K.M.Yusuf, J. - (1.) The petitioner, Dr. Gayatri Sen Majumdar, moved this writ petition against the Vice-Chancellor of the University of Calcutta and others for quashing the letters of interview already issued in respect of the posts of the Lecturers in the Department of Pali in the Calcutta University for appearing before the Selection Committee on 1st September. 1989. Her main grievance is that though qualified she was excluded from the interview for the post of Lecturer in the Department of Pali of the said University. Though the interview has already taken place on the aforesaid date still the High Court granted ad interim order of injunction on 1st September, 1989 to the effect that though the interview would take place but no steps would be taken for selection of candidates without the leave of the Court.
(2.) The application was invited by the University of Calcutta on the basis of Advertisement No. East/3/88 published in "The Statesman" of 4th May, 1988 relating to several appointments in various departments including one post of Lecturer in the Department of Pali, and by another advertisement one more post of Lecturer in the said Department and this is the admitted position. The said advertisement marks out certain Essential Qualifications and Experience for various departments, as for example, uniformly good academic career with the Masters and Bachelor's Degree with Honours of this University or equivalent evidence of continuing research interest as manifest in published work in reputed research journals or Doctoral degree of a recognised University; teaching experience of five years, etc. The grievance of the petitioner is that in spite of having a good academic career she has been denied interview by the University Authorities. She was the Research Fellow of the U.G.C. for five years, got Second Class Honours in Pali ; M.A. with First Class in Pali as well as B.C. Law Gold Medal. She obtained Ph.D. in 1975 and has several papers of Research Value published hi the different Journals and Books in India and Bangladesh including the Journals of Ancient Indian History of the Calcutta University. She had also the opportunity to attend several International Seminars including one on Bangladesh Archaeology at Rajshahi. Her further case is that apart from Smt. Manikuntala Raider (De) two more i.e. Sm. Chukka Barua (Mustards) and Subhra Barua were also invited for the interview though the last two do not possess any doctorate Degree and as such discrimination has been done with her by not inviting her in the interview by the University Authorities.
(3.) Mr. Chatterjee, the learned Advocate appearing for the Calcutta University, placed before me the proceeding of the Selection Committee held for the posts of two Lecturers in the Department of Pali on 1st September, 1989. It consisted of six members headed by the Vice-Chancellor with the Pro Vice-Chancellor for the Academic Affairs as his Deputy, but two members were absent. The very first paragraph of the proceeding runs as under: "The Selection Committee endorses the shortlisting of applicants drawn up by the Chairman in consultation with the Pro Vice Chancellor for Academic Affairs and the Dean, Arts on the basis of academic records from available records, it appears that they are the best amongst the applicants hi so far as academic attainments are concerned." The proceeding is signed by all the four members of the Committee who were present on the occasion. This proceeding of the Selection Committee indicates that the Vice-Chancellor with the help of the Pro Vice-Chancellor (Academic Affairs) made the selection of applicants from among the applications received on some criteria of their own, based on the academic qualification as indicated therein according to their policy, but the criteria for sorting out the applications were not placed before the Court.;


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