Calcutta High Court (Appellete Side)
Ramanuj Mukhopadhyay vs State Of West Bengal on 29 August, 2022
29.08.2022
Sl. 101
Ct.No. 03
Amalranjan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
MAT 190 of 2020
Ramanuj Mukhopadhyay
Vs.
State of West Bengal
Mr. Kamalesh Bhattacharya
Mr. Aninda Bhattacharya
...... for the appellant
Mr. Pulak Ranjan Mondal
Ms. Bandana Mondal
... for the college service commission
The West Bengal College Service
Commission started a recruitment process in
2008. It was for preparation of a panel for
various posts in Non-Government Colleges and
Teachers Training Colleges affiliated to the State
Universities of West Bengal.
Posts in Calcutta University were also
included. There were six posts for computer
science in the general category. We are
concerned with that category only in this appeal.
The eligibility criteria for degree colleges was
as follows:
"i. Consistently good academic record
with at least 55% marks (without any
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sort of grace or an equivalent grade in
the master's degree preceded by 3 yrs
Hons. Degree in the concerned subject
with at least 2nd class marks.
Relaxation of 5% from 55% of the marks is
admissible to candidates (a) belonging to
SC/ST/PH category, and (b) qualified in the
JRF examination conducted by the UGC/
CSIR only prior to 1989.
ii. Qualifying of the Eligibility Test for
JRF/Lectureship conducted by
UGC/CSIR(NET) or UGC accredited
State Eligibility Test (SET) earlier
SLET conducted by WBCSC or
possessing of Ph.D. or M.Phil. Degree
in concerned subject.
iii. Good power of expression (speaking,
reading & writing) in Bengali/Nepali."
The stipulation, which has created the
controversy in this case, is "degree in the
concerned subject". To be eligible a candidate
should have had a Master's Degree preceded by
a 3 years Hons. Degree in the "concerned subject
with the least 2nd Class marks".
3
The Supreme Court has made it clear and
there could be no dispute with the proposition
laid down in the cases cited by learned counsel
for the respondent, P. U. Joshi & Ors. Vs.
Accountant General, Ahmedabad & Ors.,
reported in (2003)2 SCC 632; Chandigarh
Administration Through the Director Public
Instructions (Colleges), Chandigarh Vs. Usha
Kheterpal Waie & Ors. reported in (2011) 9 SCC
645 (paragraph 22); West Bengal Joint Entrance
Examination Board & Ors. Vs. Sarit Chakroborty
& Ors. reported in (2015) 13 SCC 668 that the
court has no power to change the eligibility
criteria set by a selecting authority for the
purpose of recruitment.
However, in Chandigarh Administration
Through the Director Public Instructions
(Colleges), Chandigarh Vs. Usha Kheterpal Waie
& Ors. reported in (2011) 9 SCC 645, the same
court has not hesitated to condition the above
general principles by laying down that "the
courts and tribunal can neither prescribe the
qualifications nor entrench upon the power of
the authority concerned so long as the
qualifications prescribed by the employer is
reasonably relevant and has a rational nexus
with the functions and duties attached to the
post.............".
Hence the court has the power to apply any
condition reasonably and in a fair and just
manner.
This selection process did not involve any
examination. The recruitment was done only on
the basis of viva-voce.
The appellant/writ petitioner was
disqualified from being considered on the ground
that the B.Sc. Physics Hons Bachelor's degree
qualification on the basis of which he got
admission in to the Master's courses in
computer science and obtained M.Sc. degree in
computer science, Master's in computer
application and M.Phil. degree in computer
science did not meet the criteria for eligibility
"concerned subject". The concerned subject had
to be the same subject as argued by learned
counsel for the respondent relying on Ganapath
Singh Gangaram Singh Rajput Vs. Gulbarga
University represented by its Registrar & Ors.
reported in (2014) 3 SCC 767.
Mr. Kamalesh Bhattacharya, learned
counsel for the appellant/petitioner submits,
without contradiction that the computer science
bachelor's degree course was introduced for the
first time in Calcutta University in 1994. The
appellant/petitioner joined the B.SC. Hons
course with Physics Hons course in 1991 when
there was no computer science course at least in
our State. He obtained the B.Sc. Physics Hons
qualification in 1996.
Since there was no computer science
course, the appellant/petitioner had been
admitted into the said Master's degree in
computer science courses on the basis of B.Sc.
Physics Hons qualification.
In fact, much after start of the computer
science course in 2013-2014 in our State the
information brochure of the University of
Calcutta stated that a Physics Hons graduate
would be entitled to study M.Sc. in computer
science application.
Therefore, the Supreme Court in Ganapath
Singh Gangaram Singh Rajput Vs. Gulbarga
University represented by its Registrar & Ors.
reported in (2014)3 SCC 767 was interpreting in
the facts of that case whether the relevant
qualification was the "same qualification". In our
case, B.Sc. Hons degree in Physics was considered
by the Calcutta University a very much
relevant degree for the purpose of admission in
the M.Sc. in computer application course.
Therefore, in the facts and circumstances of
this case, the West Bengal College Service
Commission ought to have considered B.Sc.
Physics Hons degree of the appellant/petitioner
as one obtained in the concerned subject. Only
in that way could a rational, reasonable, just and
proper interpretation of the eligibility clause be
made as indicated by the Supreme Court in
Chandigarh Administration Through the Director
Public Instructions (Colleges), Chandigarh Vs.
Usha Kheterpal Waie & Ors. reported in (2011) 9
SCC 645.
We are told by learned counsel for the
respondent that the said six vacancies have been
filled up. Now there is no vacancy in the
computer science department of the University of
Calcutta.
We, therefore, direct the West Bengal
College Service Commission that if there exists
any vacancy now for the post of Assistant
Professor in Computer Science in Calcutta
University or whenever such vacancy occurs in
the next five years, the West Bengal College
Service Commission shall very actively consider
recommending the appellant/ petitioner to the
post by relaxing the age criterion.
The impugned judgment and order dated
18th December, 2019 is set aside.
The appeal is allowed to the above extent.
Mr. Pulak Ranjan Mondal, learned counsel
for the respondent, prays for stay of operation of
the judgment and order, which is considered and
refused.
( Subhendu Samanta,J. ) ( I. P. Mukerji,J. )
