Calcutta High Court (Appellete Side)
Arindam Gupta vs The State Of W.B. & Ors on 23 February, 2024
Author: Kausik Chanda
Bench: Kausik Chanda
41
23.02.2024
ssi
Ct. 238
WPA 25176 of 2023
Arindam Gupta
-vs-
The State of W.B. & ors.
Ms. Susmita Saha Dutta
Mr. Goutam Bhakat
Mr. Niladri Saha
Ms. Madhurima Basu
...for the petitioner
Ms. Debjani Sengupta
Ms. Shahina Haque
Ms. Koyel Bag
Mr. Abhijit Chatterjee
Ms. Jonaki Khan
...for the Vidyasagar University
Ms. Tapati Samanta
Mr. Arindam Ghosh
...for the State
This matter was heard lastly on 30.01.2024, when the
following order was passed:
"Ms. Susmita Saha Dutta, learned advocate
appearing for the petitioner is yet to conclude her
submission.
List this matter on 8th February, 2024 for
further hearing."
Today it has been submitted by Ms. Sengupta, learned
advocate representing the University that one Professor, Mr.
Debasish Mondal was appointed on 01.02.2024 as a
temporary Dean of the Faculty Council for Post-Graduate
studies in Arts and Commerce.
In the midst of the final arguments of this case
2
involving interpretation of the relevant rules, the University
has ventured to appoint the said Professor. It is true that
there was no stay order from this Court.
The relevant rule for appointment of a temporary Dean
is quoted below:
"(9) The Vice-Chancellor shall, in the event
of any temporary vacancy of the office of Dean,
select a seniormost Professor of that University
according to the date of their joining in the
same University for a period not more than six
months:
Provided that such selection of Dean on
temporary vacancy shall be communicated
forthwith to the State Government for the
purpose of re-constitution of Selection
Committee."
In my, prima facie, view to appoint a temporary Dean,
seniority has to be reckoned from the date when a teacher
becomes Professor.
The appointment of Mr. Debashis Mondal appears to
be in violation of the rule as quoted above. The petitioner is
senior to him. Accordingly, the appointment of Mr. Debasish
Mondal as the Dean is stayed for a period of ten days from
this date.
Let Mr. Debasish Mondal be added as a respondent in
this writ petition.
Liberty is granted to the petitioner to correct the cause title.
The petitioner is directed to serve a copy of the writ petition upon the added respondent intimating that this matter will appear on 01.03.2024 at 2 p.m. under the same 3 heading.
This Court does not entertain the prayer of the university to file any further affidavit in this matter since it is the view of the Court that this writ petition can be decided on the basis of the report filed by the university in the form of an affidavit.
Mr. Sengupta, learned advocate, prays for stay of the operation of the order.
Such prayer is considered and rejected.
(Kausik Chanda, J.)