Prem Kamal Das v. State Of West Bengal & ORS.

16. 02. 2023 WPA 6145 of 2018 BP Sl. 1 Court No. 238 Prem Kamal Das Vs.

The State of West Bengal & Ors.

Mr. Ekramul Bari ..for the petitioner Mr. Himadri Sikhar Chakraborty Mr. Arunava Maiti ..for the State Mr. Saibal Acharya ..for the respondent no.5 Leave is granted to the writ petitioner to correct the cause title.

It is submitted by Mr. Ekramul Bari, learned advocate appearing for the petitioner that the petitioner has been working on a temporary basis in the post of Accountant at Islampur College, Uttar Dinajpur. The post of Accountant in a college is a promotional post. The College by an order dated December 10, 2014, obtained permission from the State to fill up the post of Accountant through promotion. It was, however, clarified in the said order that if no suitable candidate was found for promotion, the college authority could approach the Higher Education Department for direct recruitment.

On March 3, 2015, the college sought permission to fill up the post of Accountant by direct recruitment. According to the College, no suitable candidate was found for promotion to the said post. It appears that again on June 8, 2016, the Higher Education Department, West Bengal permitted the college to fill up the post of Accountant only through promotion. The petitioner has approached this Court with a prayer for a direction upon the respondents to allow the College to fill up the post of Accountant through direct recruitment. The petitioner, however, did not challenge the order dated June 8, 2016, whereby the permission was granted by the State to the college to fill up the post through promotion.

Mr. Saibal Acharya, learned advocate for the college submits that the post of Accountant is still lying vacant and for the academic interest of the college, it is necessary to fill up the said post.

In view of the above, I dispose of this writ petition giving liberty to the college to make a fresh prayer before the Director of Public Instruction within a period of two weeks from date seeking permission to fill up the post in question.The Director of Public Instruction shall consider the prayer of the college and pass a reasoned order within one month thereafter.

Needless to mention that no opinion has been

expressed by this Court as to the eligibility or suitability of the writ petitioner for the post of Accountant. (Kausik Chanda, J. )