ARUP KUMAR BHAUMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(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 and Anr. Vs. Rajendra Prasad Bhargava and Ors.). Therefore the learned Single Judge has made the reference.