Calcutta High Court (Appellete Side)
Education vs Anindya Agasty & Ors on 4 September, 2024
Author: T.S. Sivagnanam
Bench: T.S. Sivagnanam, Hiranmay Bhattacharyya
Form No. J.(2)
Item No.33
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
HEARD ON: 04.09.2024
DELIVERED ON: 04.09.2024
CORAM:
THE HON'BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM
AND
THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA
M.A.T. 1194 of 2024
With
I.A. No. CAN 1 of 2024
+
CAN 2 of 2024
The Chief Administrative Officer, West Bengal State Council of Technical &
Vocational Education and Skill Development, Department of Technical
Education, Training & Skill Development & Anr.
Vs.
Anindya Agasty & Ors.
Appearance:-
Mr. Suman Dey
Ms. Rajyasree Mukherjee
.........For the Appellants
Mr. Bijoy Kumar Shaw
.....For the Respondent Nos.1 to 2
JUDGMENT
(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)
In Re.:I.A. No. CAN 1 of 2024
1. We have heard the learned advocates for the parties.
2. There is delay of 14 days in filing the appeal. We have perused the affidavit
filed in support of the petition and we find that sufficient cause has been
shown for not being able to prefer the appeal within the period of limitation.
3. Thus, I.A. No. CAN 1 of 2024 is allowed and the delay in filing the appeal is
condoned.
In Re.: M.A.T. 1194 of 2024
4. This appeal has been filed by the Chief Administrative Officer of the West
Bengal State Council of Technical and Vocational Education and Skill
Development and another challenging the order passed in W.P.A. 4827 of
2024 dated April 24, 2024. The writ petitioners sought for affiliation to an
institute of Pharmacy.
5. As submitted by the learned advocate for the appellants that twice, inspection
has been conducted on the institution and deficiencies have been pointed out.
In this writ petition, the learned Writ Court has directed a fresh inspection to
be conducted by the appellants to ascertain as to whether the writ petitioners
have made good deficiencies pointed out by the appellants on the previous
occasion.
6. The apprehension of the appellants is that the writ petitioners/institution is
attempting to claim approval for the academic session 2023-24.
7. There need not be any apprehension on the part of the appellants in this
regard, since unless and until, the writ petitioners fulfil all conditions, which
are required, question of granting approval or affiliation would not arise.
8. Therefore, any inspection, which is to be conducted by the appellants on the
respondents/writ petitioners-institution can at best be only for the next
academic session i.e. 2024-25 and not earlier.
9. Needless to state that the grant of affiliation or approval is not automatic and
it is only subject to the writ petitioners/institution complying with all
conditions stipulated by various authorities.
10. With the above clarifications, appeal alongwith the connected application
(CAN 2 of 2024) stand disposed of.
11. No costs.
12. Urgent photostat certified copy of this order, if applied for, be furnished to
the parties expeditiously upon compliance of all legal formalities.
(T.S. SIVAGNANAM)
CHIEF JUSTICE
I agree.
(HIRANMAY BHATTACHARYYA, J.)
Pallab/Krishnendu AR(Ct.)
