Gopal Maity v. State Of West Bengal And ORS.

05.04.2022 sayandeep Sl. No. 06 Ct. No. 05 WPA 5314 of 2022 Sri Gopal Maity -Versus- The State of West Bengal & Ors.

Mr. Bellal Sk.

Md. Ali Jinnah Ms. Jaharana Begum Mr. Soumen Mandal ..... for the petitioner Mr. Nilotpal Chatterjee Mr. Satyaki Banerjee .... for the Calcutta University The affidavit-of-service is kept on record.

The petitioner prays for compassionate appointment on the petitioner's father dying-inharness on 11th August, 2020. The mother of the petitioner applied for compassionate appointment for the petitioner on 28th January, 2021. The grievance of the petitioner is that the University has not taken any steps pursuant to the application made in January, 2021.

As correctly submitted by learned counsel appearing for the University, The Director of Public Instruction has not been made a party to the writ petition and it is the appropriate authority to consider the prayer for compassionate appointment.

It also appears from Section 6(a) of the First Statutes of the University of Calcutta that compassionate appointments shall have precedence over other appointments.

In view of the above, the petitioner is directed to make an application before the Director of Public Instruction within a period of two weeks from today. The DPI will then consider such application within a further period of four weeks, i.e., from the date of receiving the application of the petitioner. The DPI shall also hear all necessary parties including the petitioner and take into account the relevant provisions of the First Statutes of the University. The DPI shall pass a reasoned decision, a copy of which shall be made available to the petitioner within a week from the date on which such decision is taken. WPA 5314 of 2022 is disposed of in terms of the above.

(Moushumi Bhattacharya, J.)