JUDGMENT :

Kausik Chanda, J.

The writ petitions under consideration raise a common legal question pertaining to the applicability of the Calcutta University Act of 1979 (referred to as "the said Act") in conjunction with the Calcutta University First Statutes of 1979 (referred to as "the said Statutes"). The question is whether these legislative provisions include provisions for compassionate appointment. Additionally, the absence of a specific scheme prompts an inquiry into whether the petitioners' case may be considered for compassionate appointment.

2. The relevant provisions of the Calcutta University First Statutes, 1979 are also quoted below:

“CHAPTER-XIII …

3. For the purposes of these Statutes, the employees concerned are classified as follows–

(a) Ministerial Staff comprising the posts of –

(i) Office Superintendent, Cashier, Accountant, Head Clerk, Senior Assistant and Senior Clerk and such other posts as may be approved by the State Government.

(ii) Assistant, Clerk, Library Assistant, Laboratory Assistant, Store Clerk, Store-keeper, Care-taker, Stenographer, Record Keeper, Collection Clerk and such other posts as may be approved by the State Government.

(b) Lower Subordinate Staff comprising the posts of –

(i) Skilled Driver, Laboratory Attendant, Skilled Bearer, Electrician. Mechanic and Carpenter; and

(ii) Unskilled Bearer, Messenger Peon, Durwan, Night Guard and Sweeper.”

……………….

“PROMOTION

6. (a) Whenever a permanent vacancy occurs in any of the posts referred to in Sub-Clause (i) of Clause (a) of Statute 3, such vacancy shall in the first instance be filled up by promotion from amongst the employees holding any of the posts referred to in Sub-Clause (ii) of Clause (a) of Statute 3. In the matter of such promotion, efficiency, seniority including academic qualifications, character rolls and attendance shall have to be taken into consideration. In case no suitable candidate for such promotion is available, such permanent vacancy shall be filled, up by direct recruitment in accordance with the procedure laid down for the purpose:

Provided that the provision relating to recruitment of non-teaching employees of affiliated colleges as laid down in the foregoing Statutes shall not apply in cases where, on compassionate ground, a wife, son, daughter, or dependant of any employee – both teaching and non-teaching – dying in harness is to be offered a job consistent with his/her qualifications. He/She shall have precedence over others in the matter of appointment or placement, as the case may be ;

Provided further that the provision mentioned above shall also be applied in case of a college employee who is disabled permanently or otherwise incapacitated rendering him unfit to continue in service, provided this fact of disablement is certified by a medical officer authorised by the Director of Health Services.”

3. It may be noticed that the aforesaid provisions are in pari materia with the Statutes 160 and 163(a) of the Vidyasagar University First Statutes, 1983. Statute 5 (CNTE) (4)(a) of the Kalyani University Statutes exhibits a resemblance to the provisos outlined in Statute 6(a) under Chapter-XIII of the Calcutta University First Statutes, 1979.

4. The manner in which the Statutes are to be framed has been provided under Section 51(1) of the Calcutta University Act, 1979, which is quoted below:

“How to make Statutes:

51. (1) The Syndicate may of its own motion, and shall, when required by the Senate, make a draft of any Statute and submit the same to the Senate. The draft so submitted shall be considered by the Senate at a meeting or meetings to be held within a period of six weeks from the date of such submission (hereinafter referred to as the said period), and the draft so submitted shall, unless rejected or amended by the Senate before the expiry of the said period by a majority of the total number of its members existing at the time, be deemed to have been passed by the Senate. If the Senate so rejects or amends the draft of any S