Partha Bhattacharjee vs State Of West Bengal & Ors.

Continuing with his submissions recorded in order dated 6th June, 2018 Mr. Chatterjee, learned advocate appearing on behalf of petitioner hands up

documents. The first is notification dated 25th February, 2015 issued by Government of West Bengal which says as follows :-

“In exercise of powers conferred by sub-section (2) of section 1 of the West Bengal Krishi Viswavidyalaya Laws (Amendment) Act, 2014 (West

Bengal Act XVIII of 2014), the Governor is hereby pleased to appoint the 1st day of March, 2015 as the date of effect, from which all the provisions

of the Act shall come into force.â€​

Second document is letter dated 4th March, 2015 from ViceChancellor to Officer on Special Duty (OSD) & Ex-Officio (E.O) Special Secretary to

Governor of West Bengal. Text of this letter is also reproduced below :-

“In continuation of my earlier letter No. VC/BCKV/Rect.Compt/89/62/1067, dated 06.01.2015 on the aforementioned subject, I do hereby

supplement that in response to advt. No. Rect./1/13, 16 (sixteen) candidates applied for the post. The Statutory Screening Committee, after

scrutinizing the applications in adherence to the prescribed qualification specified by the State Government recommended only 06 (six) candidates for

appearing before the Selection Committee. Of the candidates called up for the personal interview 05 (five) candidates appeared and interviewed by

the Selection Committee.

The copy of the Recommendation of the Screening Committee along with Biodata of 16 (sixteen) candidates mentioning the reasons of eligibility and

non-eligibility is enclosed herewith for your kind information and perusal. Recommendation of the Selection Committee is also enclosed. Now,

reiterating the urgency of filing up the post I would further request you to obtain the approval of His Excellency the Chancellor of University for the

selection as aforesaid in order to enable us to issue appointment order in favour of Shri Gautam Pal.â€​

The third is letter dated 2nd April, 2015 issued by ViceChancellor appointing petitioner to the post of Comptroller in the Viswavidyalaya. He also relies

on judgment dated 30th July, 2015 of a learned single Judge of this Court in WP 8601 (W) of 2015 [Dr. Gora Chand Hazra vs. The State of West

Bengal & Ors.] to submit, this very same Vice-Chancellor had been found to have wrongly sought to compel petitioner therein to proceed on

deputation. He sums up his submission to be that said Vice-Chancellor deliberately delayed formation of Executive Council to illegally appoint

petitioner who lacks essential qualification. On query form Court he does not dispute record of events in order dated 6th June, 2018 to be facts.

Ms. Majumder, learned advocate appears on behalf of the University and submits, her instructions are that Executive Council will not consider events

taken place before its formation. Ms. Sengupta, learned advocate appears on behalf of private respondent and hands up copy of memo dated

24th/25th January, 2018 issued by Registrar by order of Vice-Chancellor confirming petitioner in the post with effect from 29th April, 2017.

On query from Court it has been ascertained that the person who officiated as Vice-Chancellor and issued letter dated 24th/25th January, 2018 is

different from who issued appointment letter 2nd April, 2015. Mr. Chatterjee’s submission is recorded that the letter was issued after his client

filed this writ petition on 27th April, 2017. Further hearing is not required except for submissions on instructions to be obtained from the University

regarding issuance of letter dated 24th/25th January, 2018, whether the Executive Council was aware of the same? List on 11th July, 2018.