Ashoke Kumar Dasadhikari, J. - (1.) THE subject matter of challenge in this application is the selection and appointment of private respondent No. 5 Biplab Biswas in the post of Assistant Professor of Drama and Theatre Art, Rabindra Music Dance Drama Department, Sangit Bhavana, Visva Bharati, Santiniketan.
(2.) MR . Mukherjee, learned counsel appearing for the petitioner submits that the petitioner was an aspiring candidate in the selection process for the post of Assistant Professor of Drama and Theatre Art of Rabindra Music Dance Drama Department, Sangit Bhavana, Visva Bharati, Santiniketan. The post was reserved for Scheduled Caste candidates. For selection of the post, Visva Bharati published an advertisement No. 05/2012. The essential qualification for the post was: - - "(i) Good academic record with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) at the Master's Degree level in the relevant subject or an equivalent degree from an Indian/Foreign University. (ii) Besides fulfilling the above qualifications, candidates must have cleared the National Eligibility Test (NET) conducted by the UGC, CSIR, or similar test accredited by the UGC. However, candidates who are or have been awarded Ph.D. degree in accordance with the University Grants Commission shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions. (iii) Without prejudice to the above, NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted. OR (iv) A traditional or professional artist with highly commendable professional achievement in the concerned subject who should be or have : 1. A professional artist with first class degree/diploma from National School of Drama or any other such approved Institution in India or abroad; 2. Five years of regular acclaimed performance in regional/national/international stage with evidence; and Ability to explain the logical reasoning of the subject concerned and adequate knowledge to teach theory with illustrations in said discipline. "Good academic record" shall mean "securing on an average at least 55% marks in all examinations taken together prior to Master's degree viz. Secondary Class & Higher Secondary (10+2) or equivalent and Honours degree stage. However, 55% marks at Master's degree level is mandatory as per UGC norms". 3. Mr. Mukherjee submits his client was having qualification under (iv) and he was eligible to compete. Mr. Mukherjee submits that the private respondent who was selected and given employment do not have requisite qualification in the relevant subject i.e. "Drama and Theatre Art" and therefore, private respondent No. 5 was not an eligible candidate not having requisite qualification in 'Drama and Theatre Art' which is basically a performing art. Mr. Mukherjee submits respondent No. 5 did not furnish correct details about his qualification. According to him, private respondent No. 5 passed B.A. Honours with second class in Bengali. He has also passed M.A. second class from Kalyani University in Bengali. Mr. Mukherjee drew attention of this court on the application made by the private respondent No. 5 wherein he wrote M.A. Bengali "Drama Special", which is totally incorrect. He submits this particular specification is not correct. Mr. Mukherjee drew attention of this court about his client's application seeking information under Right to Information Act, 2005 wherein petitioner wrote to the Deputy Registrar and State Public Information Officer of Kalyani University whether they have any "Drama Department" in the university. In reply, the Deputy Registrar answered that there is no "special Drama Department" in Kalyani University. Against a query "in respect of which subject private respondent obtained Ph.D degree", the answer by the University authorities was "Bengali" and that too Ph.D was granted only on 24th May 2012 which is much later than the date of interview held by the University. Mr. Mukherjee submits that details furnished in the application form of private respondent is totally incorrect. He got M.A. second class in "Bengali" and he obtained Ph.D in "Bengali" but he has written "drama". Mr. Mukherjee submits that the concerned candidate did not give proper information about his qualification deliberately and intentionally.
(3.) MR . Mukherjee drew attention about the University notification wherein it was mentioned in case the offer of appointment is based on application made on the papers/documents/statements made or submitted by the concerned candidate (private respondent) in this connection, and any of the information/document/statement turned out to be incorrect or false, the appointment is liable to be terminated.;