- (1.) This Mandamus Appeal is directed against the judgment and/or order passed by a learned Single Judge of this Court on 30th August, 2011 in W.P. No.10300(W) of 2010 at the instance of the West Bengal College Service Commission and another being the respondent No.2 and 4 of the writ petition.
(2.) By the impugned order, the learned Trial Judge, while allowing the writ petition of the respondent No.1 herein, directed the appellants/respondents to recommend the name of the writ petitioner to a college located at a reasonably commutable distance from the place where she lives as indicated by her repeatedly, after considering the vacancy position in any such college or colleges. Such direction was passed by the learned Trial Judge primarily on two grounds. The learned Trial Judge held that the Regulation 9(3) of the West Bengal College Service Commission (manner of selection of persons for appointment to the post of teachers including principals) Regulations, 1980 (hereinafter referred to as the said "Regulation") had not been adhered to by the appellants while recommending the name of the writ petitioner for her appointment in the post of lecturer in English in a college in Bankura within Burdwan University zone. The learned Trial Judge also held that the writ petitioner being a lady candidate, the principles underlying Article 15(3) of the Constitution of India ought to have been adhered to by the concerned authority while recommending her to a college for her appointment in the post of lecturer. Since the concerned authority while recommending her to a college in Bankura did not adhere to the Constitutional mandate under Article 15 (3) of the Constitution of India, recommendation which was given by the appellants requires to be interfered with. The direction passed by the learned Trial Judge while disposing of the writ petition is primarily based on the aforesaid findings of the learned Trial Judge. Let us now consider the merit of the instant appeal in the facts of the instant case. The West Bengal College Service Commission (hereinafter referred to as the "Commission") published an advertisement on 5th December, 2008 in its Website inviting applications in the prescribed form from the eligible candidates for preparation of a panel for appointment to the post of lecturers and librarians in the affiliated non- Government colleges/teachers training colleges under different Universities in West Bengal. The Commission also published a list of tentative vacancies as on 15th September, 2008 in respect of the post of lecturers in different subjects and in the said list, total number of vacancies in the post of lecturers in English for Burdwan University zone was shown as 78 and for physically handicapped candidates vacancies were shown as 3. The writ petitioner applied in the prescribed form by offering her candidature for the post of lecturer in English under Burdwan University zone. Admittedly, she fulfilled the eligibility criteria prescribed for the post of lecturer in English. She was allowed to participate in the selection process. The commission called her for appearing in interview on 9th July, 2009 in the office of the said Commission. She appeared in the interview before the selection authority. She was empanelled under general category and ultimately a panel consisting of 32 candidates belonging to general category was published on 25th November, 2009 in the Commission's Website for the subject English under Burdwan University zone. The name of the petitioner was placed at serial No. 31 in the said panel. She was called upon to appear for counselling before the concerned authority on 10th March, 2010 for selecting the choice of her posting from the vacancies available under Burdwan University zone as on the date of counselling. 5 available vacancies which remained unfulfilled as on the date of her counselling was placed before her and she selected the college, namely, Panchmura Mahavidyalaya in the District of Bankura within Burdwan University zone. A declaration signed by her on 10th March, 2010 was submitted before the West Bengal College Service Commission indicating therein the choice of her posting in the said college in her own handwriting. Acting on such declaration submitted by the writ petitioner, the West Bengal College Service Commission recommended her for appointment as a lecturer in English in the said college at Bankura under Burdwan University zone. 15 days' time was granted to her to intimate her willingness to join the said post to the Commission. The petitioner declined to accept the said recommendation and submitted a representation before the Commission on 14th March, 2010 inviting the Commission to change the recommendation so that she may be recommended to a college nearer to her residence i.e., within a reasonably commutable distance from her residence.
(3.) It was stated therein that the college where she was recommended is situated in Bankura, which is about 250 Km. away from her residence. Since the distance being a factor and there was no direct conveyance between her residence and the place of her posting, she prayed for change of such recommendation. She also intimated the concerned authority that she is newly married having a child of two and half years and her mother-in-law being an old and ailing lady, it was not possible for her to join the said post in the said college at Bankura. Since her prayer for change of her posting was not considered by the concerned authority, she filed the said writ petition before this Hon'ble Court.;