Pinaki Dhar vs State of West Bengal - 2024 Supreme(Cal) 411

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 411

SOUMEN SEN, UDAY KUMAR
Pinaki Dhar – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Firdous Samim, Adv. Mr. Satyam Mukherjee, Adv., Ms. Gopa Biswas, Adv., Ms. Sampriti Saha, Adv., Ms. Mohana Das, Adv.
For the Respondent: Mr. Shuvro Prokash Lahiri, Adv., Ms. Tithi Mazumder, Mr. K.M Hossain, Mr. Tapas Kr. Mandal, Adv.

JUDGMENT :

Soumen Sen, J.:

1. The judgment under appeal is arising out of a decision dated 6th April, 2022 rejecting the contention of the appellant that the respondent no.6, Calcutta Institute of Technology is amenable to writ jurisdiction.

2. The Umbra and Penumbra of Private Law and Public Law and the thin line existing in between has come up for consideration in this appeal.

3. The learned Single Judge has dismissed the writ petition on the ground that the Calcutta Institute of Technology is not amenable to writ jurisdiction as the dispute is essentially a private dispute between the Institute and the Professor inasmuch as CIT is a private, self-financed un-aided institution.

4. Before I discuss the changing horizon of the public law it is necessary to discuss in nature of the dispute and the character of CIT.

5. The writ petitioner filed a writ application, inter alia, challenging the notice of discharge being memo bearing no. F11/Prin/2018-19/11 dated 13th February, 2019 issued by the Principal-in-charge of Calcutta Institute of Technology (in short ‘CIT’) a unit of Uluberia Rural Society for Care of Health and Research Development (in short ‘URSCHARD’).

6. The grievance of the peti