Calcutta High Court (Appellete Side)
Koushik Goswami vs The State Of West Bengal & Ors on 14 September, 2021
14.09.2021
SL No. 7
Court No. 24
(P.M.)
WPA 6262 of 2021
Koushik Goswami
Vs
The State of West Bengal & Ors.
(Via Video Conference)
Mr. Biswarup Biswas
... for the petitioner
Mr. Pulak Ranjan Mondal,
Ms. Bandana Mondal,
Mr. Subhrangshu Panda
... for West Bengal
College Service Commission
Mr. Supriya Chattopadhyay.
Mr. Suman Dey
... for the State
The petitioner participated in the selection process for
being appointed as Assistant Professor in Chemistry in
terms of the advertisement published by the West Bengal
College Service Commission being No. 1 of 2018.
In his application the petitioner mentioned that he
had the experience as Guest Lecturer for the period 1st July,
2014 to 15th August, 2018 and the Post Doctoral experience
from 19th August, 2013 to 13th June, 2014 and thereafter
from 22nd July, 2015 till 31st August, 2017. The
Commission awarded two marks to the petitioner in respect
of his experience.
According to the petitioner, he is entitled to get one
more mark. The petitioner has relied upon document to
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show that he possessed necessary experience that was
mentioned in his application.
The Commission through the Chairperson has filed a
report dated 8th April, 2021 before this Court. The same
mentions that from the available records there is no Post-
doctoral research certificate enclosed with the application of
the writ petitioner. The certificate from the Florida Atlantic
University where he worked as Post Doctoral Associate is for
a period less than one calendar year.
The petitioner submitted a joining report under a
Fellowship dated 22nd July, 2015 in the department of
Chemistry, University of Kalyani but such document is not
able to explain the period or the number of days for which
he worked therein.
The report filed by the Commission has a document
annexed dated 24th July, 2019 issued by the Professor,
Department of Chemistry, University of Kalyani which
specifically mentions that the petitioner was engaged as
Post-Doctoral fellow from 22nd July, 2015 till 31st August,
2017. During the tenure one of his papers was published in
a reputed international journal.
It appears from the report that the aforesaid
document issued by the University of Kalyani was not taken
into consideration by the Commission at the time of
assessment of marks of the petitioner.
The petitioner relies upon an unreported judgment
dated 9th September, 2021 passed by this Court in the
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matter of Amal Kanta Giri - vs - The State of West Bengal &
Ors. in WPA 4138 of 2021 wherein direction was passed
upon the Commission to award necessary marks to the
petitioner provided there are documents in support of Post-
Doctoral research experience.
In the present case also there are documents to show
that the petitioner possessed the requisite experience as
reflected in his application.
The petitioner made representation before the
Chairperson of the Commission on 21st January, 2021
giving the details of his experience. The same has not been
considered by the respondent authority till date.
In view of the above, the instant writ petition is
disposed of by directing the concerned authority of the West
Bengal College Service Commission to take a decision with
regard to the prayer of the petitioner for awarding one extra
mark over and above what has been awarded to the
petitioner upon consideration of the supporting documents
with regard to his experience. A decision shall be taken by
the Commission at the earliest, but positively within a
period of six weeks from the date of communication of a
copy of this order.
The petitioner shall forward all the necessary
documents in his support at the time of communicating the
order of the Court.
The petitioner shall also forward a copy of the
judgment delivered by this Court in the matter of Amal
Kanta Giri (supra) for ready reference of the Commission.
In the event, the Commission is of the opinion that
the petitioner is entitled to any extra mark over and above
what has been awarded to him, in that case, the extra mark
shall be added to the existing mark of the petitioner, and if
after addition of the extra marks the position of the
petitioner in the provisional merit panel changes, then the
petitioner shall be appropriately placed in the provisional
merit panel. If thereafter the petitioner falls within the zone
of consideration, then the recommendation letter is to be
issued in his favour, notwithstanding the fact that the panel
in question expired in the meantime.
In the event all vacancies have been filled up in the
meantime, then a vacancy shall be adjusted from the next
advertisement published by the Commission being No. 1 of
2020.
The writ petition stands disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on completion of usual
formalities.
(Amrita Sinha, J.)
