ARINDAM SINHA,J. - (1.) Mr. Sanyal, learned advocate appears on behalf of petitioner who obtained her Ph.D. degree from an open University. In the matter of recommendation for appointment as lecturer in year 2008 she ought to have been placed at 4th position in the panel. She, however, was not given that position by West Bengal College Service Commission since her Ph.D. degree was obtained from open as not from a traditional University. She and others had challenged this act of the Commission by moving this Court under Article 226 of Constitution of India. They were unsuccessful both before first and Division Benches of this Court. They took their grievance to Supreme Court which by its order dated 2nd May, 2018 directed the Commission to recommend, inter alia, name of petitioner for appointment as lecturer in non-Government degree colleges, within a period of one month from date of judgment.
(2.) Mr. Sanyal submits, grievance of his client is that on Supreme Court having found against the Commission, she stands vindicated and entitled to exercise her option as in year 2008, as was available to her. For this he refers to paragraph 34 and page 101 of the writ petition. There can be no resistance to this position but since subsequent events have taken place in the meantime, he submits, there should be interference by Court in compelling the Commission to appoint his client in a college nearer to her residence, such colleges having been available for exercise of her option in year 2008 and having existing vacancies.
(3.) Mr. Mandal, learned advocate appears on behalf of the Commission and submits, writ petition is not maintainable. He submits further, direction made by Supreme Court has been complied with. Claim of petitioner for relief in this writ petition is barred by constructive res judicata. Explanation 4 in section 11 of Civil Procedure Code clearly applies. Supreme Court granted relief to petitioner only in respect of getting appointment. It cannot be said Supreme Court was unaware of subsequent events. He submits, petitioner had by her own hand made declaration regarding her appointment which has been given.;