Runa Chattopadhyay v. State Of West Bengal & ORS

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.).

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 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.)