- (1.) W.P.C.R. 10052 (W) of 2005 has arisen for violation of the order passed in the writ petition, being W.P. 1509 (W) for of 2005, hence W.P.C.R. 10052 (W) of 2005 does not survive for consideration.
(2.) The writ petitioner approached this Court complaining abuse of power by the majority members of the selection committee so far as the appointment to the post of Lecturer of Mathematics at Jadavpur University by empanelling candidates with less qualifications without giving any reasons or explanations. In other words according to them less qualified and sub-standard candidates were selected and/or appointed by majority members of the selection committee, therefore, he seeks following reliefs : " (a) A Writ in the nature of Mandamus directing The Executive Council, Jadavpur University to cancel, rescind, revoke or withdraw the appointment of respondent Nos. 7, 8, 9 and 10 made to the post of Lecturer of Mathematics, Jadavpur University, from the panel prepared by the majority members of the Selection Committee for appointment to the posts of Lecturer of Mathematics, Jadavpur University. (b) A Writ in the nature of Mandamus directing The Executive Council, Jadavpur University to cancel, rescind, withdraw, revoke the panel formed by the majority members of the Selection Committee for appointment to the post of Lecturer of Mathematics. (c) A Writ in the nature of Mandamus directing The Executive Council, Jadavpur University to appoint the most academically qualified candidates from the panel prepared by the Minority members of the Selection Committee for appointment to the post of Lecturer Mathematics, Jadavpur University after giving the due approval to such panel. (d) A Writ in the nature of Certiorari directing the respondent authorities to certify and produce before this Hon'ble Court all documents and/or papers relating to the empanel-ment of candidates for appointment to the posts of Lecturer of Mathematics so that conscionable Justice may be done by cancelling the appointments of respondent Nos. 7, 8, 9 and 10 and quashing the panel prepared by the Majority Members of the Selection Committee for appointment to the posts of Lecturer of Mathematics approved by the Executive Council and furthermore by directing the Executive Council to appoint the most academically qualifying candidates to the posts of Lecturer of Mathematics, Jadavpur University from the panel prepared by the minority members of the Selection Committee. (e) Rule NISI in terms of prayers (a), (b), (c) and (d) above. (f) An order of injunction restraining the Department of higher Education, Government of West Bengal not to issue any funds towards the payment of salaries of the respondent Nos. 7, 8, 9 and 10 appointed to the post of Lecturer of Mathematics, Jadavpur University and the University Grant Commission from disbursing any grant from its funds towards maintenance and development of Jadavpur University till disposal of the instant application. (g) Interim order in terms of prayer (f) above. (h) Ad interim orders in terms of prayers (f) and (g) above."
(3.) In brief the facts of the present case have to be referred in order to understand the background in which the petitioner has come before this Court. Admittedly the petitioner was the Head of the Department of Mathematics of Jadavpur University and was a member of the selection committee for the appointment of Lecturer in the faculty of the Mathematics of the said University. In the year 2004 an advertisement was published inviting applications from the deserving candidates so far as five posts of Lecturers of Mathematics in the above University. The requirement to apply for the said post was notified as per notification dated August 25, 2004 which is as under : " Employment Notification No. A2/C/7/2004 dated 25th Aug, 2004. (a) Good academic record with at least 55% marks, 50% for SC/ST and Ph. D. degree holders who have obtained their Master's degree prior to September 19, 1991 or an equivalent degree from a foreign University. (b) Candidates, besides fulfilling the above qualifications, should have cleared the eligibility test for Lecturers conducted by UGC/CSIR or a similar test, accredited by the UGC. Candidates who have completed M. Phil degree by 31st December, 1993 or have submitted Ph. D. thesis in this concerned subject on or before 31st December, 2002 are exempted from appearing in the NET Examination, failing which their appointment shall stand cancelled. The minimum marks at the P.G. Level may be relaxed from 55% to 50% for appointment as Lecturer to the candidates who have passed the JRF examination conducted by UGC/CSIR, prior to 1989";