ABDUS SATTAR Vs. BIDHAN CHANDRA KRISHI VISWAVIDYALAYA AND ORS.
LAWS(CAL)-2006-9-110
HIGH COURT OF CALCUTTA
Decided on September 15,2006

ABDUS SATTAR Appellant
VERSUS
Bidhan Chandra Krishi Viswavidyalaya And Ors. Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The petitioner is questioning the panel (not produced with the writ petition) prepared by the selection committee constituted by the authority of Bidhan Chandra Krishi Viswavidyalaya for selecting a lecturer. He alleges that the selection committee arbitrarily empanelled the third, fourth and fifth respondents.
(2.) With others including the third, fourth and fifth respondents the petitioner participated in the selection process. The selection committee interviewed the candidates on July 12th, 2006. On August 30th, 2006 the panel of the three selected candidates (according to their respective merit positions) was published. The name of the petitioner did not find a place in the panel. His only case is that the selection committee acted unjustly by not selecting him, when he was an outstanding candidate, as will appear from his qualifications and other academic achievements. Counsel says that on a comparative assessment of merits, it can be reasonably concluded that the selection committee ought not to have selected the third, fourth and fifth respondents, when the petitioner surpassed them overwhelmingly in respect of qualifications and academic excellence.
(3.) I do not find any merit in the case of the petitioner. The comparative assessment of merits of the candidates made by the selection committee is not open to judicial review by the writ court. The writ court is not supposed to substitute its decision, independently reached on the basis of comparative assessment of merits of the candidates, for that of the selection committee. It is not the case that the selected candidates did not possess the requisite essential qualifications. Simply because according to the petitioner he was an outstanding candidate, he is not entitled to say that the selection committee was under an obligation to select him.;


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