Priyanka Kumari Dubey vs West Bengal College Service Commission & Ors

Let affidavit of service filed in Court today be kept on record. Despite service of notice no one appears on behalf of the respondent authority. No adjournment is sought for.

The petitioner is directed to file a further affidavit of service thereby enclosing the latest track record. The track record as handed up by the petitioner (in person) be kept on record.

Leave as prayed for is granted to the petitioner to implead Dr. Ratula Mukherjee, Assistant Professor (in Botany), Ananda Chandra Training College, Jalpaiguri, as party respondent no.6. Leave is also granted to the petitioner to file supplementary affidavit in the meantime, copy of which shall be served upon all the respondents.

It is submitted by Ms. Priyanka Kumari Dubey, the petitioner appearing in person that in response to the advertisement published by the West Bengal College Service Commission thereby inviting application for the post of Assistant Professor in Government Aided Teacher Training Colleges of West Bengal, the petitioner applied for the said post. Subsequently, a panel was prepared on 22nd May, 2018 where the petitioner's name is appearing under serial no.3 as unreserved category. Ms. Dubey further contends that the person namely Abantika Mondal, who was heading the panel, was given appointment. But subsequently, she tendered her resignation for the said post. Dr. Ratula Mukherjee was given appointment to that post thereby transferring her from her existing college namely Shree Ramkrishna B.T. College, Darjeeling, thus depriving the petitioner. Ms. Dubey further submits that since Ms. Mondal tendered her resignation, therefore, the petitioner whose name is appearing under serial no.3 should have been accommodated to that post but unfortunately that was not done by the authority, the reason best known to them. Ms. Dubey further submits that Court should restrain the respondent authority to fill up the said post of Assistant Professor (in Botany) in respect of Shree Ramkrishna B.T. College, Darjeeling. She further submits that if that post is filled up by the respondent authority, then the petitioner's claim for giving appointment either to the post of Assistant Professor (in Botany) in respect of Ananda Chandra Training College, Jalpaiguri wherefrom the said Abantika Mondal has tendered her resignation or to accommodate the petitioner to the vacant post in Shree Ramkrishna B.T. College, Darjeeling will be frustrated.

Considering the plight of the petitioner and also perusing the record that the petitioner's name is appearing under serial no.3 of the panel prepared for the post of Assistant Professor (in Botany) on 22nd May, 2018 which is still in force, the respondent authorities are restrained from filling up the said vacant post of Assistant Professor (in Botany) in respect of Shree Ramkrishna B.T. College, Darjeeling till 28th June, 2019 or until further order whichever is earlier.

Let the matter appear on 18th June, 2019 under the heading "To Be Mentioned".

Liberty is given to the respondents to apply for variation, vacation or modification of the order, if so advised.

The petitioner is directed to communicate this order upon all the respondents including the newly added private respondent no.6 and file affidavit of service on the next date of hearing.

Let photostat plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the petitioner on usual undertakings.