S.B.Sinha, A.C.J. - (1.) -This case depicts as to how failure on the part of the State to make rules in terms of section 16 of the West Bengal College Service Commission Act, 1978, may lead to non-appointment of teacher in the post of a Principal, despite the fact that his name was recommended by the College Service Commission.
(2.) Keeping in view the points involved in this appeal, it is not necessary to state the fact of the matter in great details. An advertisement was issued by the West Bengal College Service Commission inviting applications from Indian citizens for appointment to the post of Principal of non-Government affiliated Colleges, details whereof had been mentioned therein, and wherefor academic qualifications were laid down in the following terms : "Academic Qualifications : (a) Master Degree in Arts/Science/Commerce/Music/Fine Arts with at least 55% marks or its equivalent grade and good academic record, Ph.D. Degree or evidence of equivalent published work of high standard having five publication in reputed and standard journals and teaching experience in an affiliated degree College or University for at least 16 years preferably with administrative experience; Or (b) Serving as Reader in any affiliated College or University with total teaching experience of not less than 16 years; Or (c) Good academic record and serving as academic administrator equivalent to Reader in any University or Research Institute with at least 10 years teaching experience in any affiliated College or University plus 6 years administrative experience : Or (d) Serving as Selection Grade Lecturer in any affiliated College with at least 55% marks at the Master's level and good academic record with teaching experience of not less than 16 years with authenticated administrative experience of at least 5 years in any academic Institution."
(3.) In terms of the said advertisement, a candidate could apply for the post of Principal in a particular non-Government affiliated College. The appellant No. 1 herein is a College which imparts education in Arts, and not in Science subjects. The writ petitioner was holder of the Master Degree in Chemistry. In terms of the said advertisement, he applied for the post of principal in the appellant College and his name was recommended by the College Service Commission. However, no appointment letter was issued in his favour. In the aforemention situation, the writ petitioner/respondent No. 1 herein filed a writ application which was allowed by the learned trial Judge on the ground that the counsel appearing on behalf of the College Service Commission categorically stated that the College authorities had no other alternative but to issue an appointment letter in terms of its recommendation.;