SRI PRASANTA KR. DAS Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2003-3-59
HIGH COURT OF CALCUTTA
Decided on March 17,2003

Sri Prasanta Kr. Das Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

Arun Kumar Mitra, J. - (1.) :- In this Writ Petition, the Petition has challenged discrimination on the part of the respondent nos. 2 to 5 in the matter of allowing the petitioner to appear in the interview for the post of Asstt. Lecturer, in the subject of Geography, in Satya Satra School. Sree Niketan, Birbhum.
(2.) The case as made out by the petitioner in his Writ Petition is, inter alia, as follows: In the year 1987, the petitioner passed Madhyamic Examination in 1st Division from West Bengal Board of Secondary Education. In 1989, the petitioner passed pre-degree (Higher Secondary) Examination from Visva Bharati University in 1st Division. In the year 1992, the petitioner passed B.A. (Hons.) in Geography from the Visva Bharati University and become 1st Class first. In the year 1994, the petitioner passed M.A. in Geography from the Visva Bharati University and qualified as 3rd in first class. In 1998 the petitioner passed B.Ed. Examination from the Visva Bharati University securing 2nd class marks. It has also been averred that in 1994-95 the petitioner was selected and represented in the Inter University Volley ball Tournament (East Zone) held in Jorhat, Assam for which the petitioner was provided with a Certificate of Honour by this Visva Bharati University. It has also been stated by the petitioner, that he passed the Certificate "B" Examination held in 1991 under the authority of Ministry of Defence, Govt. of India. In 1991, the petitioner participated in Kopai River Environmental Odyssy Programme and obtained Certificate of Honour from Akhil Bharat Bhuvidya-O-Parivesh Samity, Santiniketan, West Bengal. In 1995, the petitioner successfully completed the Environmental Odyssy Programme for Environmental awareness programme and got Certificate of Honour from Akhil Bharat Bhuvidya-O-Parivesh Samity, Santiniketan, Bolpur and got another Certificate of Honour in Mayurakshi River in November, 2001. The petitioner also stated, that he obtained National Service Scheme, Visva Bharati Certificate, Inter Bhavan Foot Ball Certificate and also Certificates in Hindi and Japanese language. The petitioner made annexures the Xerox copies of almost all the Certificates in the Writ Petition. The petitioner is working as Asst. Teacher in Geography since 10th November, 1995 in Batikar Abhedananda Vidyapith, Birbhum till date.
(3.) On 11th August, 2002, an Advertisement was published by the Registrar, Visva Bharati University for different posts including the post of Asst. Teacher in the subject Geography in an Institution named "Siksha Satra" at Sree Niketan, Birbhum. The xerox copy of the Advertisement has been made annexure 'P-9'. On 25th August, 2002 the petitioner submitted an application for the said post of Asst. Lecturer in the subject Geography and along with the application, the petitioner submitted all his Testimonials. Suddenly on 1st December, 2002, the petitioner came to know that the date of interview has been fixed on 4th December, 2002 by the concerned authority. But unfortunately the petitioner did not receive any interview letter. According to the petitioner he immediately rushed to the Registrar and Vice -Chancellor, Visva Bharati University and both of them advised the petitioner to submit an application stating all the aforesaid facts. The petitioner alleged that he accordingly submitted the same to the concerned authority under proper receipt. Annexure 'P- 10' is the copy of the said application. The petitioner further alleged that on 2nd December, 2002, the respondent Nos. 2 and 3 informed the petitioner that it is not possible for them to call the petitioner for interview on 4th December, 2002. According to the petitioner he was also informed by the said authority that due to laches on their part or some official mistake the petitioner could not get the expected interview letter and ultimately he was informed that without order of the Hon'ble High Court the petitioner will not be permitted to participate in the interview which will be held on 4th December, 2002. Hence this Writ Petition has been moved.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.