DEBASISH KAR GUPTA,J. - (1.) This appeal is directed against a judgment dated April 16, 2014, delivered in the matter of Dr. Gopa Chakraborty v. Jadavpur University and Ors. (in re: W.P. 20619 (W) 2013).
(2.) By virtue of the impugned judgment the appointment of the appellant in the post of Assistant Professor in Physical Education (Yoga Therapy) under the respondent University was set aside. The respondent University was also directed to take appropriate steps for a fresh selection from amongst the candidates who had applied pursuant to the advertisement strictly in accordance with law and subject to fulfillment of criteria as laid down in the advertisement.
(3.) The respondent University published an employment notification on November 22, 2012 inviting applications for the post of Assistant Professor in Physical Education (Yoga Therapy). According to the above advertisement, Master's in Yoga/Yoga Therapy or Master's in Physical Education with Post Graduate Diploma in Yoga/Yoga Therapy with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) was one of the eligibility criteria. The appellant and the respondent No. 1/writ petitioner participated in the above selection process, amongst other candidates. The interview of the candidates was held on March 26, 2013. On March 28, 2013, the respondent No. 1 submitted a representation before the respondent No. 3 raising dispute with regard to the eligibility of the appellant to participate in the selection process under reference. According to the above representation, the respondent No. 1 possessed "Diploma in Yoga Education" which did not fulfil the essential qualification of Post Graduate Diploma in Yoga/Yoga Therapy as mentioned in the advertisement.;