IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI Constitutional Writ Jurisdiction Present :

The Hon’ble Mr. Justice Arindam Mukherjee:

WPA 1823 of 2024 With CAN 03 of 2025 Dr. DEBASIS DUTTA Vs.

THE STATE OF WEST BENGAL & OTHERS.

For the Petitioners:- Mr. Bikramaditya Ghosh, Mr. Ajay Singhal, Mr. T.Kumai Ms. Sunayna Prasad For the Respondent nos. 3 and 4 :- Dr. Navin Barik Ms. Esha Acharya For the State Mr. Subir Kumar Saha Ms. Bedashruti Bose Heard on : 05.11.2024 and 07.02.2025 Judgement on : 20.06.2025.

Arindam Mukherjee, J. :-

1. The subject matter of challenge in this writ petition, is a portion of the notification being no. 371-Edn (U)/HED-12014(21)/10/2020-UNV dated

24th February, 2021 (hereinafter referred to as ‘the said notification’) and the letter dated 18th June, 2024 issued by the University of North Bengal (hereinafter referred to as ‘the said University’) through the Joint Registrar, intimating the petitioner that he has attained the age of superannuation on and from 31st December, 2024 (hereinafter said to be as ‘the said letter’).

2. Before going into the merits of the case, the admitted facts are set out hereunder, for better appreciation of the facts and law:

i. The petitioner joined the University as Deputy Controller of Examinations, pursuant to an appointment letter issued by the said University on 26th April, 2002. At the time, when the petitioner joined the said University, the petitioner had a continuous teaching experience between 10th December, 1996 to

7th May, 2002 aggregating to 5 years, 4 months.

ii. The petitioner was appointed as the Controller of Examinations in the said University, in terms of an appointment letter dated 12th July, 2018.

iii. At the time, when the petitioner was appointed as the Controller of Examinations in the said University, the appointment conditions were provided in the Advertisement no. 154/R-17 dated 6th January, 2017 issued by the said University. This advertisement is at page 71 of the writ petition, being annexure ‘P/6’ thereof.

iv. At the relevant point of time, when the petitioner was appointed as the Controller of Examinations in the said University, a memorandum was issued by the Government of West Bengal, Higher Education Department on 28th February, 2011 which was in force. This memorandum is at page 57 of the writ petition being annexure ‘P/5’ thereof. The Government of West Bengal, Department of Higher Education, in its University Branch, issued the said notification dated 24th February, 2021 in terms of Section 4 of the West Bengal Universities (Control of Expenditure) Act, 1976 as amended from time to time by which the age of retirement of Controller of Examinations was increased from up to 65 with effect from the date of issuance of the said notification for smooth running of academic and administrative activities. The said notification is at page 86 of the writ petition, being annexure ‘P/13’

thereof.

v. The petitioner was issued the said letter dated 18th June, 2024, informing him that the petitioner will attain the age of superannuation on and from 31st December, 2014.

vi. The petitioner challenged the said notification by filing a writ petition bearing WPA 660 of 2021. In the said writ petition, the petitioner by filing a supplementary affidavit, intended to challenge the constitutional validity of the said notification. The learned Single Bench deprecated the practice of making out of a new case by filing a supplementary affidavit and, thereafter, on the basis of the challenge contained in the writ petition, dismissed the same by an order 12th July, 2024. The said order dated 12th July, 2024 was challenged by the petitioner by filing an appeal being MAT 70 of 2024. The said appeal and the said connected application were disposed of by an order dated 13th August, 2024 by dint of which the order of the learned Single Judge was set aside primarily on the ground that the constitutional validity, legality of the said notification, being the moot question in th