Samapti Chatterjee, J. - (1.) The following issue is to be determined in this case:- (i) "Whether the appointment of the petitioner after following due selection process could be cancelled by the authority without holding any disciplinary proceedings or without giving any opportunity of hearing ?"
(2.) The petitioners case in a nutshell is as follows :- On 26th February, 2016 the Secretary, College (Sponsored Branch) Higher Education Department, Government of West Bengal intimated the Director of Public Instruction West Bengal vide Memo No.229- Edn(CS)/4E-5/2014 for creation of one non-teaching post and filling up all four existing vacant non-teaching posts in Vidyasagar college. (hereinafter referred to the said college). The said college on 16th December, 2016 in terms of the recruitment policy being G.O. No. 585- Edn(CS)/10M-20/08 dated 9th September, 2008 requested the concerned employment bank to sponsor the names of the candidate and in addition thereof the college authority has also published the same in daily Bengali newspaper and in daily English newspaper inviting applications from the eligible candidates for recruitment to the said post of non-teaching staff of Vidyasagar College for wide publication. The Recruitment Policy dated 9th September, 2008 is quoted below :- "Government of West Bengal Higher Education Department C.S. Branch Bikash Bhavan, Salt lake, Kolkata-91. No. 585-Edn(CS)/10M-20/08 Kolkata, the 9th Sept. 2008 From :Sri M. Chakraborti, OSD & Ex-Officio Deputy Secretary to the Govt. of WB To : The Director of Public Instruction, West Bengal Sub : Recruitment policy regarding appointment in non teaching posts in non-govt. colleges. In cancellation of this Department's G.O. No.830-Edn(CS) dt. 31.10.95, the undersigned is directed by order of the Governor to say that henceforth the following procedure shall be followed for direct recruitment to the non-teaching posts in non-govt. colleges until further orders. The concerned appointing authorities shall in addition to obtaining names from Employment Exchanges give wide publicity of the vacancies in the newspapers having widen circulation and also display the vacancies on the office notice boards in such a manner as to ensure reasonable opportunity of response from the eligible candidates for due consideration of their candidature in the recruitment process. This orders is issued in accordance with the provision as laid down in Labour Department memorandum no.101-Emp dated 25.7.2008. OSD & Ex- Officio Dy. Secretary" It is also stated that college authorities also displayed the vacancies of non-teaching staff on the office notice board. On 6th February, 2017 it was decided in the meeting of the Selection Committee that the recruitment procedure in Group C post would be conducted only through interview of the eligible applicants/candidates. The said committee was constituted in the following manner :- "3(a) Accordingly the selection committee had been constituted for recruitment to the posts of non-teaching staff in Vidyasagar College in the following manner :- (i) Dr. Goutam Kundu, Principal and Chairman, Selection Committee, the respondent no.5. (ii) Dr. Sudipa Bandyopadhyay, Convener (Member from Governing Body-Teachers' Representative), Selection Committee, the respondent no.6. (iii) Prof. (Dr.) Gobinda chandra Sadhukhan, member from Governing Body (Government Nominee), the respondent no.7 (iv) Prof. Uday shankar Hazra, mamber from Governing Body (University Nominee), the respondent no.8 (v) Dr. Alok ghosh Chaudhuri, member from Governing Body (Teacher's Representative), the respondent no.9" In the said meeting the decision was also taken regarding process of allotment of marks for the said selection . It is stated that on 11th February, 2017 and 21st February, 2017 the petitioner along with other candidates were called for interview before the Selection Committee for recruitment to the post of clerk (unreserved) in the said college. Thereafter, the petitioner duly appeared before the Selection Committee with all testimonials in original and attested copies thereof for interview. On 6th May, 2017 the panel was duly approved in the meeting of the Governing Body. Accordingly, on 8th May, 2017 the petitioner has been appointed to the post of clerk (Un-reserved) on probation for one year subject to the approval of the Director of Public Instruction, Government of West Bengal. On 11th May, 2017 the petitioner duly jointed the college and resumed his duties to the post of clerk (Un-reserved). All on a sudden on 31st July, 2017 the Principal of the said college communicated that the petitioner's appointment has been cancelled by the Joint Secretary, Higher Education Science and Technology and Biotechnology Department (C.S) Branch, Government of West Bengal vide letter dated 11th July, 2017. The extract of the letter dated 11th July, 2017 is quoted below :- JUDGEMENT_93_LAWS(CAL)2_2018_1.html Assailing the said cancellation order dated 11th July, 2017 issued by the Joint Secretary, the petitioner has filed the present writ petition.
(3.) Mr. Joydeep Kar, learned senior Advocate appearing for the petitioner strongly submitted that petitioner was working as Assistant in the said college on a temporary basis. He was aspirant to appear in the selection process for the un-reserved post of clerk since he was not allowed to participate in the selection process due to overage, the petitioner earlier filed a writ petition before this Hon'ble High Court being WP No.68 (W) of 2017. The Hon'ble High Court was pleased to dispose of the said matter on 6th February, 2017 thereby directing the college authorities to consider the application of the petitioner in accordance with law upon relaxation of the age bar and on fulfillment of the eligibility criteria inclusive of continuous temporary service in the vacancy against a sanctioned post. The petitioner possessed the requisite qualification for recruitment to the post of clerk (un-reserved).;