Calcutta High Court (Appellete Side)
Dr. Runa Chattopadhyay vs State Of West Bengal & Ors on 8 October, 2021
04
08.10.2021.
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
(Via Video Conference)
W.P.A. 24037 of 2019
(Via Video Conference)
Dr. Runa Chattopadhyay
-versus
State of West Bengal & Ors.
Mr. N.C. Bihani,
Ms. Papiya Banerjee Bihani.
....For the Petitioner.
Mr. Anil Kumar Gupta.
...For UGC.
Mr. Lalit Mohan Mahata,
Mr. Prasanta Behari Mahata.
...For the State.
Affidavit-of-service filed in Court today is taken
on record.
The petitioner is an Assistant Professor Stage I
and she seeks promotion to the post of Assistant
Professor Stage II. Her promotion fell due on 7th August,
2010 in terms of the University Grants Commission
(Minimum Qualifications for Appointment of Teachers
and Other Academic Staff in Universities and Colleges
and Measures for the Maintenance of Standards in
Higher Education) Regulation, 2000.
The learned advocate for the petitioner relies
upon an unreported order dated 22nd February, 2016
passed by a Co-ordinate Bench of this Court in W.P.
No. 27262 (W) of 2014 (Parthasarathi Dutta - vs -
Union of India & Ors.).
2
The Court, in the matter of Parthasarathi Dutta,
under similar circumstances, held that the petitioner
will be guided by the 2000 Regulations as the 2010
Regulations of U.G.C. was notified in the Gazette on
18th September, 2010.
It appears from records that the U.G.C.
Regulations 2010 dated 30th June, 2010 was published
in the Official Gazette only on September 18, 2010. As
the notification came into effect only upon publication
of the same in the Official Gazette, accordingly the
Regulations 2010 is held to be effective on and from
September 18, 2010 and not prior thereto.
Leave is granted to the petitioner to file
representation highlighting her grievances before the
Director of Public Instruction.
The Director of Public Instruction shall take an
informed decision in the matter upon consideration of
the representation to be filed by the petitioner in the
light of the judgment passed in the matter of W.P. No.
27262 (W) of 2014 (Parthasarathi Dutta - vs - Union of
India & Ors.) and in this matter at the earliest, but
positively within a period of eight weeks from the date
of making the representation by the petitioner.
The Director of Public Instruction shall take all
necessary consequential steps in this matter.
The petitioner is directed to forward a copy of the
order passed by this Court on 22nd February, 2016 in
W.P. No. 27262 (W) of 2014 along with the
representation to be filed by her at the time of
communicating this order to the aforesaid respondent.
The writ petition stands disposed of.
Urgent photostat certified copy of this order, if
applied for, be given to the parties after completion of
all legal formalities.
( Amrita Sinha, J.)
