Amitava Lala, J. - (1.) It appears to this court that there was a circular available on account of re-employment of university and non-Government College Teachers on attaining the age superannuation. Such circular is under Memo No. 2883(7) Edn(U) dated 15th November, 1979 issued by the concerned Secretary.
(2.) It appears that the Seceening Committee will be constituted by three members. One would be the Principal of the College concerned, second would be one expert in the field of specialisation of the teacher concerned to be nominated by the Vice-Chancellor of the University to which the college concerned is affiliated and third one would be one expert in the field of specialisation of the teacher concerned to be nominated by the West Bengal College Service Commission. Such Committee was constituted. The Head of the Department of Hindi, Calcutta University was the nominees of the Vice- Chancellor of the Calcutta University. A Professor from the Department of Hindi, Presidency College was the nominee of the West Bengal College Service Commission and the Principal of the College was the Chairman of the Screening Committee. They disallowed the re- employment of the petitioner for the further terms of one year with effect from 1st October, 1995 which can only be called as second term. The selection of a person for re-employment is the discretion of the Screening Committee on the basis of recommendation to be made by the College authority and on the basis of the service rendered by him. Such discriminatory power as given under the circular cannot be said to be a right for the purpose of invocation of court of high prerogative writ unless and until the discretion appears to be ex facie bad in law. Here, I do not find any of such cases.
(3.) The contention of the petitioner is that by an interim order dated 14th March, 1996 a Committee was directed to be formed by the Director of Public Instructions, Govt. of West Bengal and disposed of the matter in question of re-employment for the second term in accordance with law within a period of four weeks from the date of constitution of the Screening Committee. Such order was communicated on 17th March, 1996.;