Calcutta High Court (Appellete Side)
Dr. Partha Sankha Mazumdar vs State Of West Bengal & Ors on 8 October, 2021
05
08.10.2021.
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
(Via Video Conference)
W.P.A. 3516 of 2020
(Via Video Conference)
Dr. Partha Sankha Mazumdar
-versus
State of West Bengal & Ors.
Mr. N.C. Bihani,
Ms. Papiya Banerjee Bihani,
Mr. Soumyajit Ghosh.
....For the Petitioner.
Mr. Anil Kumar Gupta.
...For UGC.
Mr. Wasim Ahmed,
Mr. A. Ghosh.
...For the State.
Affidavit-of-service filed in Court today is taken
on record.
The petitioner is an Assistant Professor Stage III
and he seeks promotion to the post of Associate
Professor Stage IV. His promotion fell due on 16th
September, 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.
2
No. 27262 (W) of 2014 (Parthasarathi Dutta - vs -
Union of India & Ors.).
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.
The College has already forwarded the prayer of
the petitioner for promotion to the Director of Public
Instruction on 30th November, 2010, which has not
been taken into consideration by the respondents.
Leave is granted to the petitioner to file
representation highlighting his 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, copy of the application
made by the College on 30th November, 2010 along with
the representation to be filed by him 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.)
