Roushan Mandal v. The State Of West Bengal Service Through The Principal Secretary

MAT 76 of 2023 Item-6.

CAN 1 of 2023 05-10-2023 Roushan Mandal sg Ct. 8

Versus

The State of West Bengal & Ors.

Mr. Bhaskar Ch. Manna, Adv.

Mr. Biswajit Manna, Adv.

...for the appellant Mr. Arunanshu Chakraborty, Adv.

Ms. Geniya Mukherjee, Adv.

...for the University Mr. Tapas Kr. Mandal, Adv.

...for the State Mr. Anik Kr. Gupta, Adv.

...for the UGC

1. The appeal is directed against the order dated 30th November, 2022 passed by the learned Single Judge in a writ petition filed by the appellant.

2. In view of the fact that the person selected having Master Degree in Environmental Science has resigned and the said post is presently vacant due to lack of clarity on behalf of the University with regard to the eligibility of the candidates for appointment to the post of Assistant Teacher in Environmental Studies, we permit the respondent University to issue an advertisement immediately making it clear that the candidates should have a broad understanding to the social, political and historical facets of environmental challenges with focus on policy, law and sociality aspect of these challenges as it adequately reflected from the course structure disclosed by the University in this proceeding.

3. It is an admitted position that the Rabindra Bharati University has no Science faculty of the said Environmental

Studies and was intending to cater to the subjects mentioned in the said course structure which does not refer to any subjects covered by the Environment Science.

4. The Selection Committee to be constituted shall also be apprised of the syllabus in order to enable the said Selection Committee to select a suitable candidate.

5. In view thereof, the impugned order is set aside.

6. The University shall take steps to make advertisement within two weeks from date in terms of this order.

7. The writ petitioner being an MA in Environmental Studies shall be entitled to participate in the said interview.

8. With the aforesaid directions, the appeal and the application are disposed of.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Uday Kumar, J.) (Soumen Sen, J.)