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2022 Supreme(Cal) 472

KAUSIK CHANDA
Professor Saikat Maitra – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Bikash Ranjan Bhattacharya, Sr. Adv, Mr. Soumya Majumdar, Adv, Mr. Dwip Raj Basu, Adv, Mr. Uttam Kumar Mandal, Adv, for the Appellant; Mr. S.N. Mookherjee, Ld. A.G, Mr. Swapan Kumar Datta, Ld. A.G.P, Mr. T.M. Siddiqui, Adv, Mr. Sandip Dasgupta, Adv, Mr. Saaqib Siddiqui, Adv, Mr. Aviroop Mitra, Adv, Mr. Tapas Kumar Mandal, Adv, Mr. Suranjan Dasgupta, Adv, Mr. Amitava Chaudhuri, Adv, Mr. N. Roy, Adv, for the Respondent

JUDGMENT

Kausik Chanda, J. - Since the relevant facts of this case are not disputed by the parties, this petition is disposed of without inviting affidavits from the respondents.

2. The petitioner was appointed the Vice-Chancellor of Maulana Abul Kalam Azad University of Technology (in short, 'the said University') for a period of four years by an order dated February 21, 2017, issued by the Principal Secretary, Department of Higher Education, Science & Technology and Biotechnology and also by the Secretary to the Chancellor of the said University.

3. Thereafter by an order dated February 26, 2021, the Principal Secretary, Higher Education Department, University Branch, re-appointed the petitioner as the Vice-Chancellor of the said University for a further period of four years with effect from February 27, 2021, or till he attained the age of 65 years whichever was earlier.

4. The factual backdrop in which the petitioner was re-appointed is somewhat peculiar. To appreciate the facts preceding the re-appointment of the petitioner as the Vice-Chancellor, the said order dated February 26, 2021, is reproduced below:

    'GOVERNMENT OF WEST BENGAL HIGHER EDUCATION DEPARTMENT

    (UNIVERSITY BRANCH)

    BI

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