Pranab Kumar Chattopadhyay ( 1 ) THE petitioner herein has filed this writ petition as the respondentmill AI-Ameen college Authority refused to appoint the said petitioner in the post of Lecturer in Political Science in spite of specific recommendation made by the West Bengal College Service Commission. ( 2 ) UNDISPUTEDLY, the writ petitioner is highly qualified and appeared at the State Level Eligibility Test conducted by the West Bengal College service Commission in the year 2001. The petitioner has duly qualified at the said State Level Eligibility Test in the discipline of Political Science and became eligible for Lectureship in Universities/colleges of India. After being qualified and eligible for lectureship the petitioner was empanelled for appointment as Lecturer in Political Science by the West Bengal College service Commission and ultimately the petitioner was recommended for the post of Lecturer in a college at Midnapore under Vidyasagar University. ( 3 ) IN view of certain irregularities in the said recommendation, the petitioner filed a writ petition before this Court bearing W. P. No. 2052 of 2003 on the earlier occasion which was finally decided by Bhaskar bhattacharya, J. on 13 May, 2004 whereby and whereunder the petitioner was asked to join as a Lecturer in Sagar Mahavidyalay. ( 4 ) CHALLENGING the aforesaid order passed by the Bhaskar bhattacharya, J. the petitioner herein preferred an appeal before the Division bench, which was numbered as A. P. O. T. No. 339 of 2004. The said appeal was finally disposed of by Their Lordships the Hon'ble Justice Altamas Kabir and the Hon'ble Justice Asit Kumar Bisi on 27 September, 2004 with a direction upon the West Bengal College Service Commission to recommend the name of the petitioner for appointment as Lecturer either in respect of the vacancy in Gurudas College or in respect of the vacancy in Milli AIAmeen college. ( 5 ) THE relevant portion of the aforesaid judgment of the Hon'ble division Bench is set out hereunder:-"we, therefore, treat the appeal as on the day's list and dispose of both the stay application and the appeal with a direction upon the west Bengal College Service Commission to consider the case of the appellant-petitioner and to recommend her name for appointment either in respect of the vacancy in Gurudas College or in respect of the vacancy in Milli AI-Ameen College which has since been dereserved. " ( 6 ) WEST Bengal College Service Commission in terms of the aforesaid order passed by the Hon'ble Division Bench recommended the petitioner for the post of a Lecturer in Political Science in Milli AI-Ameen College on 27 December, 2004 and asked the Principal/teacher-in-Charge of the said milli AI-Ameen College to appoint the petitioner as a Lecturer in Political science within a period of one month from the date of receipt of the said letter of recommendation. The Secretary of the West Bengal College Service commission also by a separate written communication dated 27 December, 2004 asked the petitioner to intimate about acceptance of the aforesaid recommendation for the post of Lectureship in Milli AI-Ameen College within fifteen days from the date of receipt of the said letter. ( 7 ) ADMITTEDLY, the said petitioner accepted the aforesaid recommendation and duly intimated the Secretary of the West Bengal college Service Commission about her consent to accept the offer for the said post of Lecturer in Milli AI-Ameen College. ( 8 ) THE respondent-West Bengal College Service Commission authority filed an affidavit in connection with this writ petition annexing several document wherefrom it appears that a specific request was made by the Principal of the said Milli AI-Ameen College on 29 September, 2004 requesting the Secretary of the West Bengal College Service Commission for recommending the petitioner in the said college for the post of Lecturer in Political Science. ( 9 ) SURPRISINGLY, the aforesaid request was made by the Principal of milli AI-Ameen College within two days after pronouncement of the judgment by the Division Bench in the aforesaid appeal preferred by the petitioner being A. P. O. T. No. 339 of 2004. ( 10 ) STRANGELY enough, Milli- AI-Ameen College Authority in spite of receiving the specific recommendation of the West Bengal College Service commission for appointment of the petitioner in the post of Lecturer in political Science in the said College refused to issue formal letter of appointment and raised various frivolous objections. The recommendation of the West Bengal College Service Commission regarding appointment of lecturer is binding on the College Authority and Milli AI-Ameen College authority, therefore, cannot flout the directions of the West Bengal College service Commission regarding appointment of the petitioner in the post of lecturer in Political Science in the said College. The recommendation of the West Bengal College Service Commission regarding appointment of lecturer is binding on the College Authority and Milli AI-Ameen College authority, therefore, cannot flout the directions of the West Bengal College service Commission regarding appointment of the petitioner in the post of lecturer in Political Science in the said College. ( 11 ) IN terms of Section 9 of the West Bengal College Service commission Act. 1978 appointments to the posts of the teachers of a college shall be made on the recommendation of the Commission and, therefore, the recommmendation of the Commission regarding appointment of a teacher in mandatory in nature and has a binding effect on the College authority. ( 12 ) IN the present case, unfortunately, Milli AI-Ameen College authority is wrongfully and illegally refusing to give effect to the aforesaid recommendation of the Commission. The respondent- Milli AI-Ameen college Authority has also filed an affidavit-in-connection with the present writ petition wherein various objections have been raised opposing the appointment of the petitioner in the post of Lecturer in the said College pursuant to the recommendation of the West Bengal College Service commission. ( 13 ) MR. Ram Chandra Prasad, learned Counsel representing the said milli AI-Ameen College Authority urged before this Court that there is no scope to appoint the petitioner in the post of Lecturer in the said College in absence of any existing vacancy. Mr. Prasad submits that there is no vacant post of Lecturer in Political Science in the said College and, therefore, there is no scope to appoint the petitioner in the said College pursuant to the recommendation of the West Bengal College Service Commission. ( 14 ) FROM the records I find that while recommending the petitioner for appointment as Lecturer in Political Science in Milli AI-Ameen College the West Bengal College Service Commission considered the requisition and other necessary papers forwarded by the said College Authority. The west Bengal College Service Commission could not recommend the petitioner for appointment in respect of vacant post of Lecturer in Gurudas college as the roster of appointments of the teachers of Gurudas College was not verified by the Backward Class Welfare Department, Government of West Bengal. The west Bengal College Service Commission could not recommend the petitioner for appointment in respect of vacant post of Lecturer in Gurudas college as the roster of appointments of the teachers of Gurudas College was not verified by the Backward Class Welfare Department, Government of West Bengal. ( 15 ) IN any event, the name of the petitioner was duly recommended for appointment in respect of vacant post of Lecturer in Milli AI-Ameen college by the Commission and the said petitioner also accepted the said recommendation. Since Milli AI-Ameen College Authority did not issue formal letter of appointment in favour of the petitioner pursuant to the aforesaid recommendation of the West Bengal College Service Commission the secretary of the said Commission by written communication dated 27 january, 2005 extended the validity period of the recommendation of the commission and asked the Milli AI-Ameen College Authority ti issue appointment letter in favour of the petitioner as early as possible. Unfortunately, the Milli AI-Ameen College Authority did not act in compliance with the aforesaid request made by the Secretary, West Bengal College service Commission and therefore, the Secretary of the said Commission by subsequent written communication dated 28 February, 2005 again requested the Principal, Milli AI-Ameen College to expedite the matter so that the petitioner may join the post at the earliest. In spite of the aforesaid request made on behalf of the West Bengal College Service Commission the Authority of the Milli AI-Ameen College refused to issue formal letter of appointment in favour of the petitioner mainly on the grounds which are summarised hereinafter. ( 16 ) FIRSTLY there is no vacancy in the post of Lecturer in Political science in the said College as one Ms. Sreya Sarkar appointed earlier as lecturer in Political Science has not yet tendered resignation and proceeded for study leave with lien. According to the College Authority the said Ms. Sreya Sarkar on being appointed as Lecturer of the College in Political science joined on 21st April, 2003 and, thereafter, left for U. S. A. to prosecute further higher studies. ( 17 ) THE next objection on behalf of the College Authority is that the post of Lecturer in Political Science in the said College ia a reserved post for scheduled caste candidate and the petitioner herein not being a scheduled caste candidate cannot be appointed in the said post of Lecturer in Political Science. ( 17 ) THE next objection on behalf of the College Authority is that the post of Lecturer in Political Science in the said College ia a reserved post for scheduled caste candidate and the petitioner herein not being a scheduled caste candidate cannot be appointed in the said post of Lecturer in Political Science. ( 18 ) THE other objection is that the Principal of the College had unilaterally taken decision in collusion with the petitioner for converting the reserved post into de-reserved one with the sole intention of appointing the petitioner even though the College Organizing Committee never approved the aforesaid action and/or decision of the said Principal. ( 19 ) ON examination of the papers and documents now available before this Court I find that Ms. Sreya Sarkar although joined the College as lecturer on April 21, 2003 but remained absent from duty without obtaining leave since July 14, 2003. The Lecturer-in-Charge of the said College did not approve the aforesaid conduct of Ms. Sreya Sarkar and by written communication dated August 2, 2003 informed Ms. Sreya Sarkar that her absence from duty without leave is detrimental to the academic progress of the students of the College. The aforesaid written communication dated august 2, 2003 of the Lecturer-in-Charge of the College to Ms. Sarkar is set out here under:- "ref No. 609/p-56/2003 Dated 02. 08. 2003 To Miss. Sreya Sarkar, Lecturer (Dept. of Political Science), AD-301. Sector-l, Salt Lake City, Kolk. ata-700 064. Sub. : Absence from duty without leave since July 14th 03. Madam, You are informed that you have been continuously absent from duty without leave since 14. 7. 03. Your absence is proving detrimental to the academic progress of the students of your department. Kindly contact the college at the earliest. Yours sincerely, (Shabina Nishat Omar) Lecturer-in-Charge. " ( 20 ) THE Organising Committee of the College also passed a resolution on February 28, 2004 to the effect that Ms. Sarkar should be asked to join her duty within a fortnight of the receipt of the letter to be issued to her, failing which her service would be terminated. The Organising Committee of the Milli AI-Ameen College also held a meeting on June 13, 2004 to discuss various issues including the report on termination of services of ms. Sarkar and proposal for making fresh appointment in Political Science. The Organising Committee of the Milli AI-Ameen College also held a meeting on June 13, 2004 to discuss various issues including the report on termination of services of ms. Sarkar and proposal for making fresh appointment in Political Science. The Principal of the College by the subsequent written communication dated september 29, 2004 requested the Secretary, West Bengal College Service commission to recommend the petitioner for appointment as a Lecturer in political Science. ( 21 ) THE extract of the relevant portion of the resolution passed by the Organising Committee in its meeting dated February 28,2004 is set out hereunder:-"extract of the relevant resolution of the Organising committee, dated 28. 02. 2004. The Lecturer-in-Charge apprised the members of the difficulties faced by the students of Political Science due to long absence of Ms. Sreya Sarkar, a full time Lecturer in the subject. After discussion it was resolved that Ms. Sreya Sarkar be asked to join her duties within fortnight of the receipt of the letter to be issued to her, failing which her services be terminated. " ( 22 ) THE extract of the aforesaid resolution of the Organising committee is Annexure A-3 to the affidavit-in-opposition filed on behalf of the respondent-West Bengal College Service Commission Authorities. Although the College Authority is now desperately claiming that Ms. Sarkar has gone on study leave with lien but no document has been disclosed wherefrom it would appear that the said College Authority granted study leave to Ms. Sarkar with lien. Ms. Sarkar informed the Secretary, Milli AI-Ameen College that she has been awarded fellowship for four years (2003-2007) by the University of Pennsylvania, U. S. A. fordoing Ph. D. In terms of government Order dated December 7, 1977 College Authorities are authorised to grant study leave for a period up to three years to those teachers who have been awarded fellowship subject to condition that the teachers should be confirmed in their service and have put in at least five years service. In the present case, Ms. Sarkar has been awarded fellowship for four years and her service was never confirmed as a teacher of the said college. Furthermore, Ms. Sarkar admittedly served the College for a total period of less than three months although as per aforesaid Government order dated December 7, 1977 teacher concerned should put in at least five years service. Sarkar has been awarded fellowship for four years and her service was never confirmed as a teacher of the said college. Furthermore, Ms. Sarkar admittedly served the College for a total period of less than three months although as per aforesaid Government order dated December 7, 1977 teacher concerned should put in at least five years service. ( 23 ) THE relevant portion of the Government Order dated December 7, 1977 is set out hereunder:-"2. The question of granting study leave to teachers of sponsored Colleges who are awarded fellowships has been considered by Government. After careful consideration the Governor is pleased to direct that study leave for a period upto 3 years may be granted by the college authorities to those teachers who are awarded fellowship on a short term or on a long term basis, as the case may be, with full average pay as admissible during the period of study leave, subject to the following conditions : (i) The teachers are confirmed in their service; (ii) They have put in a least 5 years service. " ( 24 ) MR. L. K. Gupta, learned Senior Counsel representing the petitioner submits that Ms. Sarkar could not be granted any lien to the post of Lecturer in Political Science as she did not fulfil any of the conditions mentioned in the aforesaid Government Order dated December 7, 1997 apart from the facts that the College Authority also never granted study leave to said Ms. Sarkar and on the other hand, the Organising Committee of the said College in its resolution dated February 28, 2004 specifically resolved to issue the final notice to Ms. Sarkar to resume her duties within a specified time failing which her services would be terminated. ( 25 ) MR. Ram Chandra Prasad, learned Advocate appearing on behalf of the College Authority also fairly admitted before this Court that neither any study leave nor any lien was ever granted to Ms. Sarkar by the College authority till date. ( 26 ) IN the backdrop of the aforesaid facts, it can be said without any fear of contradiction that the post of Lecturer in Political Science fell vacant as Ms. Sarkar refused to join her duties in compliance with the resolution of the Organising Committee dated February 28, 2004. Sarkar by the College authority till date. ( 26 ) IN the backdrop of the aforesaid facts, it can be said without any fear of contradiction that the post of Lecturer in Political Science fell vacant as Ms. Sarkar refused to join her duties in compliance with the resolution of the Organising Committee dated February 28, 2004. The College Authority also declared the vacancy in the post of Lecturer in Political Science and the Principal of the College by written communicated dated May 13, 2004 submitted requisition before the Director of Public Instruction, West Bengal for taking necessary steps to fill up, the post of a full time Lecturer in the department of Political Science in the said College. ( 27 ) IN the aforesiad circumstances, I am unable to accept the claim of the College Authority that there is no vacancy in the post of Lecturer in political Science in the said College. Although the College Authority has taken a plea that the post of Lecturer in Political Science in the said College is reserved for scheduled caste candidate, but I am unable to accept the same as also the director of Public Instruction, West Bengal by Memo No. 1203-UGC dated September 7, 2004 informed the Principal of the College that the said Directorate has no objection in shifting the roster position in respect of Bengali and Political Science subject and therefore, the conversion in the roster position by way of shifting has been allowed by the competent authority. The Assistant Commissioner for Reservation and Exofficio assistant Secretary to the Government of West Bengal, Backward classes Welfare Department by letter dated August 13, 2004 also informed the Principal of the Milli AI-Ameen College that the said Backward Classes welfare Department has no objection if the proposal for conversion of the subject is allowed by the competent authority and as a matter of fact the director of Public Instruction also allowed the aforesaid conversion by shifting the roster position in respect of Bengali and Political Science subject as a competent authority. ( 28 ) IT has also been urged before this Court on behalf of the College authority that the then Principal unilaterally taken certain steps in collusion with the petitioner and without being authorised by the said College Authority for converting the reserved post into de-reserved one with an intention to persuade West Bengal College Service Commission to recommend the said petitioner for appointment in the post of Lecturer in the said College in political Science. ( 29 ) IN my view, the aforesaid allegation is totally baseless as the organising Committee of the said College prior to joining of the then Principal of the College passed a resolution on February 28, 2004 regarding termination of services of Ms. Sarkar. In the meeting of the Organising committee held on June 13, 2004 the said Principal had to submit report on termination of services of Ms. Sarkar and submitted the proposal for fresh appointment in Political Science, which was also considered by the members of the said Organising Committee. ( 30 ) THE reserved vacancy was admittedly converted into de-reserved one by the Director of Public Instruction, West Bengal as the backward classes Welfare Department did not raise any objection and on the other hand permitted such conversion by the competent authority. The then principal of the College, therefore, had no vital role to play in this regard. ( 31 ) THE West Bengal College Service Commission recommended the petitioner for appointment in the post of Lecturer in Political Science in the said Milli AI-Ameen College in compliance with the order dated september 27, 2004 passed by the Division Bench of this Hon'ble Court in the appeal being A. P. O. T. No. 339 of 2004. The said Commission also considered the specific request made by the College Authority for recommending the petitioner for appointment to the said College in the vacant post of Lecturer in Political Science. ( 32 ) SINCE the West Bengal College Service Commission has recommended the petitioner for appointment in the post of Lecturer in Milli ai-Ameen College in Political Science in compliance with the order passed by the Division Bench of this Hon'ble Court, the respondent-College Authority cannot question the validity and/or legality of the said recommendation of commission. ( 32 ) SINCE the West Bengal College Service Commission has recommended the petitioner for appointment in the post of Lecturer in Milli ai-Ameen College in Political Science in compliance with the order passed by the Division Bench of this Hon'ble Court, the respondent-College Authority cannot question the validity and/or legality of the said recommendation of commission. The learned Advocate of the College Authority although urged before this Court that the earlier order passed by the Division Bench is not at all binding on the College Authority as the said College was not impleaded as a party in the said appeal, but it cannot be disputed that the aforesaid order passed by the Division Bench of this Hon'ble Court cannot be ignored by the College Authority. However, the West Bengal College Service commission is under an obligation and duty bound to act in terms of the aforesaid order passed by the Hon'ble Division Bench and as a matter of fact the West Bengal College Service Commission has acted in compliance with the aforesaid order passed by the Hon'ble Division Bench in the present case by recommending the name of the petitioner for appointment as lecturer in Milli AI-Ameen College. ( 33 ) UNDISPUTEDLY, the aforesaid recommendation of the Commission is binding on the Milli AI-Ameen College Authority as the recommendation of the West Bengal College Service Commission regarding appointment of a teacher in a College has a binding effect on the College Authority in view of the specific provisions mentioned in Section 9 of the West Bengal College service Commission Act, 1978. The College Authority has therefore, no other option but to appoint a teacher pursuant to the recommendation of the West Bengal College Service Commission. In the present case, Milli ai-Ameen College Authority cannot refuse to issue formal letter of appointment in favour of the petitioner even after receiving specific recommendation and repeated reminders from the West Bengal College service Commission. ( 34 ) CONSIDERING the attitude of the College Authority the petitioner herein prayed for a direction upon the West Bengal College Service commission for recommending her name to any other College in the city of kolkata. ( 34 ) CONSIDERING the attitude of the College Authority the petitioner herein prayed for a direction upon the West Bengal College Service commission for recommending her name to any other College in the city of kolkata. ( 35 ) THE aforesaid prayer of the petitioner cannot be allowed at this stage as the West Bengal College Service Commission has already recommended the name of the petitioner for appointment in the post of lecturer in Political Science in Milli AI-Ameen College in compliance with the specific order passed earlier by the Division Bench of this Hon'ble Court on September 27, 2004 in A. P. O. T. No. 339 of 2004 which cannot be varied or modified. ( 36 ) AS discussed hereinbefore, the objections raised by the Milli AIAmeen college Authoirty opposing the appointment of the petitioner as lecturer in the said College are absolutely frivolous and cannot be sustained in the eye of law. The Milli AI-Ameen College Authority desperately urged the aforesaid frivolous objections with a mala fide intention to prevent the petitioner from joining the said College as a Lecturer although the facts remain that the academic records of the petitioner are brilliant and the West bengal College Service Commission has recommended the said petitioner for appointment in the said College. ( 37 ) FOR the reasons mentioned hereinbefore, I am of the opinion that a mandatory order should be issued directing the College Authority to issue formal appointment letter to the petitioner in compliance with the direction and recommendation of the West Bengal College Service Commission. ( 38 ) ACCORDINGLY, I direct the Milli AI-Ameen College Authority, namely, the Secretary and the Principal of the said College to issue formal letter of appointment in favour of the petitioner pursuant to the recommendation of the West Bengal College Service Commission at an early date, but positively within a week from the date of communication of this order and also inform the West Bengal College Service Commission in this regard. ( 39 ) THIS writ petition is, thus, disposed of with costs assessed at 300 g Ms. to be paid by the Secretary, Milli AI-Ameen College to the petitioner herein as this Court does not approve the conduct of the said Secretary in this matter. Urgent xerox certified copy of this order, if applied for, be supplied to the parties as expeditiously as possible. to be paid by the Secretary, Milli AI-Ameen College to the petitioner herein as this Court does not approve the conduct of the said Secretary in this matter. Urgent xerox certified copy of this order, if applied for, be supplied to the parties as expeditiously as possible. Later-After pronouncement of the judgment, Mr. Ram Chandra prasad, the learned Counsel representing the Respondent No. 4, prays for stay of the operation of the aforesaid judgment and order. I find no reason to grant such stay. Accordingly, the prayer for stay is refused.