IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Rai Chattopadhyay

CAN 2 of 2024

in connection with

WPA 12648 of 2018

Avik Chatterjee

Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Ekramul Bari

: Mr. Sk. Imtiaj Uddin : Mr. Alauddin Ahmed

For the State : Mr. Somnath Ganguli, ld. AGP

: Mr. Jayanta Samanta

Judgment on : 28.10.2025

Rai Chattopadhyay, J. :-

1) CAN 2 of 2024 is an application, filed by the State, to seek

recall of this Court’s orders dated March 28, 2024 and April 5, 2024, in the writ petition No. WPA 12648 of 2018 [Avik

Chatterjee vs The State of West Bengal].

2) Grounds of recall as made out therein are as follows:

a. The writ petitioner was appointed in the said minority institution, through direct recruitment, without taking prior approval from the Higher Education Department, Government of West Bengal;

b. The qualification required was ‘Graduate’, in violation of the Government Order No. 1077-Edn(CS) dated November 23, 1998, according to which the minimum qualification should be ‘Madhyamik’;

c. In the process Government Order No. 915-Edn(CS) dated November 19, 2007 and Government Order No. 887-

Edn(CS) dated November 1