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Court No.05 26.02.26 JPD Item no. 23 BR In The High Court At Calcutta In the Circuit Bench at Jalpaiguri Appellate Side W.P.A. 114 of 2024 Falguni Mondal -vs-

The State of West Bengal and Ors.

Mr. Ekramul Bari, Mr. Imtiaz Uddin , Ms. Rinka Chakraborty ... for the petitioner Mr. Subir Kumar Saha,Ld. AGP Mr. N.Paul ... for the State

1. The writ application has been preferred praying for direction upon the respondents to set aside, cancel and withdraw the memo dated 30.10.2023 issued by the Director of Public Instruction, Government of West Bengal.

2. Vide the impugned reasoned order passed in compliance of the direction of the High Court in W.P.A. 8191 of 2020, the respondent no. 2 herein considering the report of the petitioner therein held as follows:-

“The Principal, Ananda Chandra College in his report dated 20.02.2021 submitted that the petitioner served the college from 08.09.2011 to 31.01.2015. As per convention of the college the Guest Lecturers are engaged for 6 months for every academic year (except Laboratory based subjects). After the end of 6 months generally from August to January, fresh interviews are called and Guest Lecturers are appointed on the basis of those interviews. The petitioner was not engaged in the said college after 2015. The last appointment of Guest Lecturer was made on the basis of walk in interview at Ananda Chandra College in the year 2018 and after this the GB of the college approved the panel in its meeting held on 10.08.2018. In the interview Falguni Mandal did not appear and even she was not at all engaged in the college for last three years from the date of issuance of the GO vide no. 1638-Edn (CS) dated 03.09.2019 relating to approval of SATC, so the details of the petitioner were not uploaded in the official portal of Higher Education Department vide GO No. 1638-Edn (CS) dated

03.09.2019.

Since the petitioner was not serving the college as on 13.07.2019 i.e., the cut off date for coming under the zone of consideration for becoming SACT, the claim of the petitioner for approval of the service as SACT cannot be entertained.

So, the case of Falguni Mandal, the writ petitioner does not stand the test of scrutiny in light of the said Memo dated 23.12.2019 and she cannot in any way be brought within the nomenclature of PTT/CWTT/GT and as such Falguni Mandal, the writ petitioner is not entitled to any benefit of the said Memo dated

23.12.2019.

Hence, the prayer of the Petitioner Falguni Mandal is rejected on proper consideration in view of the discussion made herein above. The case is thus disposed of.

Let this decision be communicated to the petitioner forthwith and all other concerned be informed accordingly”.

3. Learned counsel for the petitioner submits that the petitioner herein joined and admittedly served in the said college as a guest lecturer for the period from 08.09.2011 to 31.01.2015 and as such it is submitted that as she had served prior to the cut of date i.e., 23.12.2019, she was thus qualified to be considered to be enlisted for SACT. It is also stated that she was within the zone of consideration, considering the cut off date.

4. Learned counsel appearing for the petitioner has relied upon the memorandum dated 23.12.2019, wherein it has been laid down as follows:

“The matter of restructuring of service conditions and other benefits for Government approved Part Time teachers (PTTs). Government approved Contractual Whole time teachers (CWTTS) and Guest teacher, in any nomenclature, engaged in different Government/ Government aided colleges in the State of West Bengal up to 13.07.2019, was under active consideration of the State Government for sometimes past”.

5. In the said order it was further clarified as follows:-

“The benefit of this Order shall be allowed to the Part Time Teachers, Contractual Whole Time Teachers and Guest Teachers who were engaged in the college on or before

13.07.2019”.

6. Learned counsel for the opposite party submits that as the petitioner was admittedly not in servi