Masud Karim Sarkar v. The State Of West Bengal And ORS.

S/L 2 18.06.2025 Court No.17 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 10189 of 2025 Masud Karim Sarkar Vs.

The State of West Bengal & Ors.

Mr. Ramdulal Manna Ms. Manju Manna (Dey) Mr. Anupam Dutta Mr. Sayan Mukherjee ... for the Petitioner.

Mr. Rajat Dutta Ms. Mousumi Banerjee ... for the State.

Mr. Sanat Kumar Ray Mr. Baidurya Ghosh ... for the Respondent Nos.3-4.

Mr. Anil Kumar Gupta ... for the Respondent No.5.

Affidavit of service filed on behalf of the petitioner in Court today be kept with the record.

The petitioner is a Teacher Category-II at Bidhan Chandra College, Rishra, District: Hooghly, a State aided college.

The petitioner is alleging that though he has completed his Ph.D course as such is entitled to be a Category-I teacher in terms of the Memorandum of the Higher Education Department (College Sponsored Branch) bearing No. 2081-Edn (CS)/10m-83/2019 dated December 23, 2019 but the college is not taking any step to provide the said benefit to him. Mr. Sanat Kumar Ray, learned advocate for the College submits that since the College is not satisfied as to how the petitioner has completed the Ph.D. course after attaining the regular classes of the college, as such has referred the matter to the Directorate of Public Instruction for clarification. The Governing Body of the college should have given an opportunity to the petitioner to clear the doubts before seeking clarification from the DPI; therefore, the Governing Body of the College is directed to issue a notice to the petitioner to meet all queries of the college necessary to recommend him for the stage I category. Such exercise is to be carried out within a period of four weeks from date.

The petitioner is directed to render all sorts of cooperation with the Governing Body in arriving to a just conclusion.

WPA 10189 of 2025 is disposed of without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)