Calcutta High Court (Appellete Side)
Sri Partha Chakrabarti vs Union Of India & Ors on 21 January, 2019
Author: Arindam Sinha
Bench: Arindam Sinha
1 21.01.2019
Item no. 44 DD WP 16655 (W) of 2018 Sri Partha Chakrabarti Vs. Union of India & Ors.
Mr. Pratip Chatterjee Mr. Rajendra Banerjee Mrs. Rama Chakraborty Mr. Subhendu Roychoudhury ... ... For petitioner Mr. Anil Kumar Gupta ... ...For the UGC Mr. Pulak Ranjan Mondal Ms. Bandana Das ... ...For W.B. College Service Commission Mr. P. Bajpayee .. ...For CSIR Mr. Bhudeb Chatterjee Ms. Diksha Ghosh .. ...For UOI Petitioner is a visually handicapped person who had taken entrance test for being awarded Junior Research Fellowship by Council of Science and Industrial Research (CSIR). By communication issued sometime in February, 2012 University Grants Commission (UGC) informed Director General, CSIR, as copied to its Controller of Examinations, as under:-
"The University Grants Commission in its 482nd meeting held on 22nd Dec. 2011 has decided to extend the same 2 relaxation in cut-off qualifying marks in the UGC-NET to the Physically Handicapped (PH)/Visually Handicapped (VH) candidates, which is extended to the SC/ST category candidates. The SC/ST category is provided 10% relaxation in qualifying criteria below the general category in the UGC-NET. This decision has been implemented by UGC for the UGC-NET held from 24th Dec. 2011 onwards. You are requested to implement it with immediate effect for the Joint CSIR-UGC NET."
Mr. Pratip Chatterjee, learned advocate appears on behalf of petitioner and submits, challenge is to subsequent letter dated 24th September, 2013 issued by CSIR to his client in which his client was told there is no separate cut off for, inter alia, visually handicapped category. On earlier occasion Mr. Mondal, learned advocate appearing on behalf of West Bengal College Service Commission had disputed petitioner's eligibility, as based on a disability certificate which was an old one. Pursuant to interim direction made petitioner went and had himself examined and Mr. Chatterjee hands up certificate dated 15th January, 2019, issued by Department of Health and Family welfare, Government of West Bengal, Calcutta, National Medical College & Hospital, certifying petitioner to have 60% visual disability handicap.
Mr. Bajpayee, learned advocate appears on behalf of CSIR and refers to notification issued by UGC in June, 2012. He relies on following therefrom:-
"8) IMPORTANT :
i) The national level Test for determining the eligibility of candidates for the award of Junior Research Fellowship/Lectureship in science subjects (Chemical Sciences;
Earth, Atmospheric, Ocean & Planetary Sciences; Life Sciences; Mathematical Sciences; Physical Sciences) is conducted jointly 3 with Council of Scientific and Industrial Research (CSIR), New Delhi. The candidates in these science subjects, desirous of availing UGC-JRF or obtaining eligibility for Lectureship in these subjects are advised to appear in the Joint CSIR-UGC Test for Junior Research Fellowship and Eligibility for Lectureship conducted by CSIR.
ii) The UGC-NET for JRF/eligibility for Lectureship will be held at the University Test Centres specified in the list under item No. 10. PLEASE NOTE THAT CHANGE OF CENTRE WILL NOT BE ALLOWED UNDER ANY CIRCUMSTANCES."
Mr. Bajpayee submits, selection test was taken by petitioner in December, 2012. He submits further, CSIR is an autonomous body under separate Ministry than that of UGC. His client is not, therefore, bound by any directive or guideline issued by UGC. On query from Court Mr. Bajpayee was unable to show his client having protested, on receiving said communication of UGC issued in February, 2012 to its Director General and marked to its Controller of Examinations. Mr. Bhudeb Chatterjee, learned advocate appears on behalf of UOI and submits, contemporaneous stand of CSIR on February, 2012 communication of UGC would have been of assistance in adjudication of this controversy but there is no response disclosed. Mr. Gupta, learned advocate appears on behalf of UGC and submits, this was only a communication of his client. Said communication dated February, 2012 made by his client to CSIR was only a proposal and not a notification.
This Court has not been shown any material for it to find out that February, 2012 communication of UGC to CSIR was not applicable to the latter. Petitioner does suffer more than benchmark disability. He is entitled to relaxation of 10% marks for his candidature as awardee of Junior Research fellowship. Reference to text of February, 2012 4 communication made by UGC makes it clear that it had decided to extend some relaxation in cut off qualifying marks in UGC-NET to, inter alia, visually handicapped candidates. CSIR was requested to implement this decision with immediate effect. Petitioner, thereafter, took selection test in December, 2012.
Writ petition succeeds. Impugned letter dated 24th September, 2013 is set aside and quashed. CSIR will give UGC decided relaxation to petitioner in forthwith evaluating his candidature for award of Junior Research Fellowship and eligibility for lectureship. In event petitioner is found eligible on relaxation, award of fellowship for corresponding eligibility of lectureship should be made within four weeks from date of communication of this order.
Allegations, in writ petition though could not be disputed, cannot be deemed to have been admitted as affidavits were not called for.
Writ petition is disposed of.
(Arindam Sinha, J.)