Respected Sir/Madam,
Few days back, I received your valued advices regarding own appearance.
On 20.05.2019, I did appear myself before the Hon'ble WBAT. Respondent advocate was absent due to strike of advocates in West Bengal. But, the judges remarked that as you are not selected through Public Service Commission, your recruitment is illegal. I could not convince them that PSC never conducts recruitment for contractual lecturers. PSC only selects permanent lecturers. If I would have been thro' PSC, I was not required to go to the court for regularization. I was selected through a deviated selection process which was exactly same to the then selection process through Public Service Commission, West Bengal. I presented the judgement of the Hon'ble Supreme Court in Civil Appeal Nos. 4256-4257 of 2010 (Md. Ashif & Ors. Vs. The State of Bihar & Ors.) where it can be referred through stanza 08 for the clarification of judgement in Uma Devi Case – “This court in that case drew a distinction between an irregularity and an illegality in the making of an appointment and declared that where the due process of appointment has been deviated from, the court can regularize the same. In cases where the process itself is completely violative of the constitutional scheme underlying public employment and no procedure has been followed while granting such appointments the court cannot allow such an illegality to continue irrespective of the length of time for which it has continued.”
Also, Rule 32 of “General conditions of service” in the West Bengal Service Rules – Part I supports it.
[Rule 32 of “General conditions of service” in of the WBSR – Part I states : : The appointment may not be through the Public Service Commission, but if it is made through a selection process and pursuant to advertisement and in the absence of any other irregularity, it cannot be said to be a back-door appointment.
Reference @ R.R.De’s West Bengal Service Rules (Part I and Part II) with Departmental Circulars, Notifications, Clarifications and Memoranda : by Asutosh Mookerjee & Malay Kumar Roy, Kamal Law House, Kolkata – 700 001]
Still, the Hon'ble judges did not agree with me. The WBAT has fixed another day after 03 months.
Now, I am thinking that I shall give up the game temporarily and shall be prepared for battle in High Court. Can the Hon'ble West Bengal Administrative Tribunal dismiss my case ? Will the "dismiss" hamper the prospect of my case in future ? Should I mention there that hundreds of temporary (ad-hoc) lecturers in the same dept. were regularized directly between 2001 and 2008, who all were not selected through any advertisement, interview. Many of them don’t have even AICTE recognized minimum essential qualification & minimum qualifying marks, i.e., 1st class, required for the post of lecturer. But, I have 1st class. Why should I not get the protection of Article 14 of The Indian Constitution ? The judges don't want to listen this.
Please do advise me Sir/Madam in this situation.
Thanking you,
Yours faithfully,
JKD.
