Decided on May 20,2003

Sri Sukumar Roy Appellant


Kalyan Jyoti Sengupta, J. - (1.)In this case the petitioner has challenged the recruitment process for the post of Lecturer in Bio-medical-engineering adopted by Jadavpur University authorities. The basis of challenge of the petitioner is that the Selection Committee has not been formed in accordance with the provision of the Jadavpur University Act and further selection of Dipankar Chakraborty being respondent No. 7 is bad in law by reason of the fact that this candidate is not qualified in terms of the published norms for the post of Lecturer in Bio-medical- engineering. Factually, the petitioner challenged this action after having appeared in the interview. He could discover the aforesaid infirmity in constitution of the Selection Committee and further inclusion of ineligible candidates namely respondent No. 7 only after appearance. He recorded his protest by his letter dated 13th Oct., 2001. Incidentally it is to be mentioned that interview was held on 3rd Oct., 2001.
(2.)In answer to the aforesaid grievance of the petitioner the university authority has explained in their affidavit-in- opposition that the constitution of the Selection Committee has been made in accordance with the law and it provides for formation of quorum in the Selection Committee. In the premises it is not necessary, all the members of the committee should be present. As far as the entertainment of the candidature of the respondent No. 7 is concerned, he is having requisite special qualification and training in the field of Bio-medical- engineering and this selection has been done having regard to the requirements of emerging fields of engineering and of developing inter-disciplinary programme. So, the requirement of engineering/technology degrees has been waived, as the respondent No. 7 is having qualification of Masters Degree in the field of Polymer Technology.
(3.)The learned lawyer for the writ petitioner in support of the aforesaid factual aspects submits that the petitioner is challenging selection process, in as much as the appearance and participation of the respondent No. 7 who is not qualified for the post has vitiated the entire selection process. He submits the requirements for the aforesaid post as published in the advertisement demand that one has to has Master Degree in Bio- medical-engineering/technology, Ist Class in Bachelors Degree and/or Master Degree level; one year's relevant professional experience outside academic/research institutions. The respondent No. 7 does not possess Master's Degree, in Bio-medical-engineering or Bio-medical-technology. His qualification is in Polymer Science and it will not meet the requirement of Bio-medical-engineering. The aforesaid two fields are completely different, or at the highest, Polymer Science can be one of the subjects in the Bio-medical-engineering. He has drawn my attention to the number of texts, educational curriculum of various universities about Bio-medical-engineering courses. He contends that it will appear therefrom that subjects other than the Polymer Science are taught and/or studied in this course.

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