A.K. Dutta, J. - (1.) By this Writ Application under Article 226 of the Constitution of India the Writ Petitioner Dipti Samaddar (hereinafter referred to as Petitioner) has prayed the Court for issue of a writ or in the nature of Mandamus commanding the Respondents their men, agents and subordinates to withdraw, cancel rescind and/or set aside forthwith the advertisement as issued by DSP and published in the Statesman on 22nd September. 1993 for filling up the post of Principal of the Nursing Institute USP by direct recruitment, further commanding them to refrain from proceeding in any form of manner to select any candidate' by direct recruitment for the post of Principal of the said Nursing Institute in terms of the said purported advertisement dated 22nd September, 1993 and to take immediate steps to absorb and/or appoint the petitioner in the post of Principal of the Nursing Institute DSP with all service benefits, including pay and allowances, attached thereto, along with the other reliefs prayed for therein, for the reasons stated and on the grounds made out therein. The Petitioner contends in Para -2 of the Writ application that she had acquired all the qualifications to act as Instructor/Teacher in Nursing Institute in the manner stated therein. She had joined the Nursing Institute, Durgapur Steel Plant, the Respondent No. 6 herein (hereinafter referred to as Institute) as Instructor on 19.2.1979. She was promoted as Tutor thereof in 1987. And she is acting as In -charge of the Institute since November. 1992. She has the requisite qualification and experience to be appointed as Principal of the Institute. Even so, the Respondents had issued the impugned advertisement, being Annexure 'D' to the writ application, inviting applications from candidates for appointment as Principal of the Institute, indicating the qualification and experience therefor.
(2.) The Petitioner contends that the qualification and experience of Principal of a Nursing Institute has been prescribed as follows by the Notification dated 14.8.1987 issued by the West Bengal Nursing Council, Government of West Bengal : Master in Nursing with minimum 3 years of teaching experience/B.Sc. Nursing (Basic or post -Basic) 5 years of teaching experience/Diploma in Education and Administration or Public Health Nursing with 8 years of teaching experience.
(3.) The Petitioner having diploma in Public Health Nursing with eight years of teaching experience has the requisite qualification for appointment as Principal of the Institute. In order to exclude her, a higher qualification has been prescribed in the impugned advertisement for the said post namely "B.Sc. in Nursing with 10 years of Administrative experience (preference for M.Sc. Nursing)", which is clearly unfair and unreasonable In view of her qualification and experience and the fact that she has been acting as In -charge of the Institute since November. 1992 she has the legitimate expectation to be promoted as Principal of the Institute.;