JUDGMENT :

DEBANGSU BASAK, J.

1. The present reference has arisen out of the judgment and order dated February 16, 2024 passed in WPA 5633 of 2020.

2. The issue that has fallen for consideration in this reference is whether, the writ petition against RCC Institute of Information Technology, is maintainable or not? In deciding such issue we have to decide as to whether RCC Institute of Information Technology is a State within the meaning of Article 12 of the Constitution of India or the service conditions of the writ petitioner was regulated by statutory provisions or the action complained of has public law elements involved or not.

3. Writ petitioner had filed a writ petition against the respondent herein claiming various reliefs with regard to his employment with the educational institution. In course of hearing of such writ petition, learned Single Judge by the judgment and order dated February 16, 2024 had noticed two earlier decisions of co- ordinate Benches namely, the judgment and order dated November 13, 2019 passed in WP No. 13874 (W) of 2016 (Dr. Gautam Pal vs. State of West Bengal and Ors.) and the judgment and order dated August 16, 2013 passed in WPA 547 of 2020 (RCCIIT Staff Association and Anr. vs. State of West Bengal and Anr.) with WPA 4925 of 2021 (Raja Sarkar vs. The State of West Bengal and Ors.). Learned Single Judge has observed that the views expressed in Dr. Gautam Pal (supra) and RCCIIT Staff Association and Anr. (supra) were incorrect in view of the law laid down by the Supreme Court in 2023 Volume 4 Supreme Court Cases 498 (St. Mary’s Education Society & Anr. Vs. Rajendra Prasad Bhargava & Ors.). Therefore the learned Single Judge has made the reference.

4. Learned advocate appearing for the writ petitioner has contended that, the educational institution is a unit of RCC Institute of Technology which is a Society registered under the Societies Registration Act, 1961. He has referred to the origin and establishment of the Society on September 7, 1999 and its functioning. He has pointed out that the society started functioning with the active collaboration of the Department of Higher Education, Government of West Bengal and Department of Information Technology of the Central Government. He has referred to the time line during which, the Society initially being under the Department of Higher Education, Government of West Bengal claimed to become an autonomous Society while its Board of Management was headed by the Director of Technical Education, Government of West Bengal. He has pointed out that the members of the Society are nominated by the Department of Higher Education, Government of West Bengal. He has contended that, the Memorandum of Association and Regulations of the Society were divided accordingly. He has pointed out that, the society was created on completion of the statutory formalities and under a notification issued by the Department of Higher Education, Government of West Bengal by an order of the Governor. According to him, although the Society is not statutory, it definitely has statutory flavour.

5. Learned advocate appearing for the writ petitioner has contended that, the management of the organizing society of the institute was reconstituted on year-to-year basis by notifications of the Government of West Bengal. He has referred to the notifications dated August 13, 2015, September 23, 2016 and September 25, 2017 in this regard.

6. Learned advocate appearing for the writ petitioner has contended that, the organizing society of the educational institution described itself as autonomous society under the Department of Higher Education in its application submitted with the National Board of Accreditation. He has also contended that, State Government has declared the educational institute as State sponsored autonomous society attached to the Department of Higher Education as would appear from the writing dated May 25, 2006.

7. Learned advocate appearing for the writ petitioner has contended that