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2025 Supreme(Online)(Cal) 8160

CALCUTTA HIGH COURT
PARIMAL MISTRY – Appellant
Versus
UNION OF INDIA & ORS – Respondent
WPA 24216 / 2017



IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Jay Sengupta WPA 24216 of 2017 Parimal Mistry Vs Union of India and Others Petitioner in person : Mr. Parimal Mistry For the Union of India : Mr. Partha Ghosh Ms. Purabi Saha Das .....Advocates For the UGC : Mr. Anil Kumar Gupta .....Advocate For the respondent Nos.3 & 4 : Mr. Anna Malhotra Mr. Rishav Maity ....Advocates For the respondent No.6 : Ms. Nandini Mitra .....Advocate .

Heard lastly on : 08.12.2025 Judgment on : 30.01.2026 Jay Sengupta, J:

1. This is an application praying for a direction upon the respondent authorities, inter alia, to convert the m arks obtained by the petitioner in the Cumulative Marking Point Average (CMPA) Marks Statement in Diploma in Dramatics awarded by the National School of Drama to Cumulative Grading Point Average (CGPA) under the University Grant Commission, under the Ministry of Human Resources Development (MHRD), to provide a declaration certificate for specific class and/or division and/or grade and/or CGPA and to declare at 59% marks obtained by the petitioner from the National School of Drama was equivalent to >60% marks in Master Degree from other Universities in India under the UGC.

2. The petitioner appearing in person has submitted and has relied on the written notes as follows. The petitioner had obtained a Three Year Diploma Course in Dramatics for the Academic Year 2001-2004, Diploma in Acting from National School of Drama (An autonomous Institution under Ministry of Culture, Govt. of India), New Delhi and secured 59% marks from the National School of Drama. As per the UGC Regulations-2010 dated 30/06/2010 it was declared that the minimum qualifications for Appointment of teachers and other academic staff in Universities and Colleges and measures for the maintenance of standards in higher education, 2010 are as follows. Clause-4.4.2.2. Drama Discipline: Assistant Professor "OR" iv) A traditional and a professional artist with highly commendable professional achievement in the concerned subject, who should be or have: 1) A professional artist with first class degree/diploma from National School of Drama or any other such approved Institution in India or abroad; 2) Five years of regular acclaimed performance in regional /national/international stage with evidence; and 3) Ability to explain the logical reasoning of the subject concerned and adequate knowledge to teach theory with illustrations in said discipline. The Visva-Bharati, Santiniketan, a Central University, published an advertisement on 07/04/2012 (Advertisement No. 05/2012, SL. No. 9) for the Post of Assistant Professor of Drama and Theatre Art, Department of RMDD, Sangit Bhavana (SC). The said Post was reserved for the Scheduled Cast Candidates and the Visva- Bharati, Santiniketan, a Central University, published an advertisement on 31/03/2012 (Advertisement No. 03/2012, SL. No. 40) for the Post of Assistant Professor of Drama, Department of RMDD, Sangit Bhavana. As per the aforesaid both advertisement (Advertisement No. 05/2012 & Advertisement on 31/03/2012) essential qualification was same and the essential qualification required for the Post of Assistant Professor are as follows. A traditional and a professional artist with highly commendable professional achievement in the concerned subject, who should be or have: i) A professional artist with first class degree/diploma from National School of Drama or any other such approved Institution in India or abroad; ii) Five years of regular acclaimed performance in regional /national/international stage with evidence; and iii) Ability to explain the logical reasoning of the subject concerned and adequate knowledge to teach theory with illustrations in said discipline. The Hon’ble Court passed a judgement and order on 02.12.2015 in the M.A.T. No. 1548 of 2015 (Parimal Mistry vs. Visva-Bharati, Snatiniketan & Ors.) on the consideration that the Three Year Diploma Course i

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