SUBRATA SANKAR BAGCHI Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-2-31
HIGH COURT OF CALCUTTA
Decided on February 12,2013

Subrata Sankar Bagchi Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

PRASENJIT MANDAL,J. - (1.) THIS application is for issuance of writs in the nature of mandamus directing the respondents for not appointing Principals of Bangabasi College and Maharaja Manindra Chandra College before giving an opportunity to the petitioner to appear for counseling for appointment to the said posts, certiorari, prohibition and other reliefs.
(2.) THE question involved in the matter is as to the qualification for appointment to the post of the Principal of different colleges under different Universities of West Bengal. The writ petitioner applied for the post of the Principal at Bangabasi College and Maharaja Manindra Chandra College and according to his qualification, experience, interview, etc., he stood top position in respect of the Bangabasi College and the Maharaja Manindra Chandra College in the provisional panel. Thereafter, by a notice dated August 8, 2012, the petitioner was requested to appear for counseling on August 14, 2012 at 11:00 a.m. for the aforesaid colleges and he was requested to bring the original testimonials, etc. in support of his qualification, experience, etc. Then, upon scrutiny of the materials produced by the petitioner, he was served with a notice intimating that the candidature of the writ petitioner had been cancelled owing to shortfall in experience. Being aggrieved by the said decision, the petitioner has filed this writ petition praying for the reliefs already stated.
(3.) HAVING heard the learned Counsel for the parties and on going through the materials on record, I find that in order to decide the matter on merit, it will be proper to set out the qualification and experience required for the post of a Principal of a College in West Bengal. Accordingly, as per advertisement, the qualification and experience required are set out below:- "3. For General Degree Colleges: A) Academic Qualifications and Experience: a) A Master's Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) by a recognized university. * Relaxation of 5% from 55% to 50% is admissible for candidates belonging to SC and ST categories and to those who have obtained Master's Degree prior to 19th September, 1991. b) A Ph.D. degree in concerned/allied/relevant discipline (s) in the institution concerned with evidence of published work and research guidance. c) Associate Professor/Professor with a total experience of 15 years of teaching/research/administration in Universities, Colleges and other Institutions of Higher Education. d) A minimum score as stipulated in the academic performance indicator (API) based Performance Based Appraisal System (PBAS) as set out in the UGC (minimum qualifications for appointment of teachers and other academic staff in Universities and Colleges and other measures for the maintenance of standards in higher education Regulations, 2010). B) AGE: Not below 40 years and not above 55 years on the 1st day of January of the year of advertisement." ;


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