ASHOKE KUMAR DASADHIKARI,J. - (1.) The writ petitioner is aggrieved with the selection of cashier in Egra Sarada Sashibhusan College.
(2.) Mrs. Maiti, learned Counsel representing the writ petitioner submits that the selection process is vitiated since the respondent authorities did not follow the proper procedure of selection as per the guidelines issued by the O.S.D. and Ex-officio, Joint Secretary, Higher Education Department, Government of West Bengal under Memo No.915-Edn(C.S.)/5P-77/99 dated 19th November, 2007. She submits that the recruitment rules for the post of cashier was published by the aforementioned memo and the relevant portion of the recruitment rules applicable in case of selection of cashier is as follows:- "(ii) Whenever a vacancy arises in the post of Accountant/Cashier, the post is to be filled up by promotion of an employee belonging to the category of Lower Division Clerk, such as Clerk, Typist, etc. In either case, attendance, experience, efficiency, seniority and character roll shall have to be taken into consideration. But if no suitable candidate is available by way of promotion, the post of Accountant/Cashier may be filed up by direct recruitment for which the minimum educational qualification should be graduate of any stream."
(3.) Mrs. Maiti submits that it was never indicated in the aforesaid rules that the merit of the concerned candidate for selection of cashier by way of promotion should be assessed by awarding marks. She submits that the Selection Committee awarded lesser marks in favour of the writ petitioner whereas awarded higher marks in favour of the selecting candidate Tapaslal Das who has been appointed and has got approval from the Director of Public Instruction, West Bengal. Mrs. Maiti submits that there was no indication in the aforesaid rules for taking any test. Therefore, according to her, the entire selection process is vitiated and the selection should be cancelled and the writ petitioner should be selected as cashier of the concerned College.;