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2017 DIGILAW 200 (CAL)

Chhatradhar Das v. State of West Bengal

2017-02-21

DEBANGSU BASAK

body2017
JUDGMENT : Debangsu Basak, J. 1. A Graduate Laboratory Instructor (GLI) has challenged the election of the Teachers' Council of the College held on May 14, 2016. The GLI claims that, a GLI has been given teaching status. A GLI is entitled to participate in the Teachers' Council election. The University and the College authorities have wrongfully prevented the petitioner from participating in the Teachers' Council election. 2. Learned Advocate for the petitioner has submitted that, pursuant to a judgment and order passed in a writ petition, the authorities had conferred the status of teacher upon a GLI in Non-Government College. He has referred to a Circular dated July 27, 1988 in this regard. He has submitted that, a GLI is to be regarded as a member of the teaching staff for all purposes, except the scale of pay, as per order of the Hon'ble Division Bench. He has referred to a circular of the Vidyasagar University dated November 16, 1991 where all GLIs have been recognized to become members of the Teachers' Council of Vidyasagar University. He has referred to a writing dated May 7, 2016 of Lalbaba College and has submitted that, librarians have been allowed to participate in the Teachers Council meeting. He has referred to the definition of "teacher" appearing in the Calcutta University First Regulation, 1979 and has submitted that, a GLI comes within the definition of a "teacher" therein. 3. Learned Advocate for the University has submitted that, a GLI does not have the requisite educational qualification as that of a teacher. She has submitted that, GLI is a non-teaching post. She has referred to various Government Orders of the Education Department and has submitted that, the State authorities have treated GLI as non-teaching staff. She has submitted that, GLI does not take a class independently. Referring to the definition of "teacher" as obtaining in the Calcutta University First Regulation, 1979 she has submitted that, a person who takes classes independently can be considered as a teacher. A GLI assists a teacher. A GLI does not take a class independent of a teacher. A GLI, therefore, cannot be considered to be a teacher within the meaning of "teacher" as obtaining under Chapter-III of the Calcutta University First Regulation, 1979. 4. Learned Advocate for the University has referred to the duties and responsibilities of a GLI. A GLI assists a teacher. A GLI does not take a class independent of a teacher. A GLI, therefore, cannot be considered to be a teacher within the meaning of "teacher" as obtaining under Chapter-III of the Calcutta University First Regulation, 1979. 4. Learned Advocate for the University has referred to the duties and responsibilities of a GLI. She has submitted that, such duties and responsibilities have been fixed by the Senate of the University. The same has not been challenged by any GLI. The duties and responsibilities of a GLI do not bring a GLI within the definition of a teacher. She has relied upon 2001 Volume 5 Supreme Court Cases page 327 (Anil Ratan Sarkar & Ors. v. State of W.B. & Ors.) and 2008 Volume 9 Supreme Court Cases page 284 (Rajbir Singh Dalai v. Chaudhari Devi Lai University, Sirsa & Anr.) in this regard. 5. Learned Advocate for the College has submitted that, the subject election to the Teachers' Council has since been postponed. 6. Whether a GLI can participate in the election for Teachers' Council in a College affiliated to Calcutta University is the issue falling for consideration in this writ petition. 7. Anil Ratan Sarkar & Ors. (supra) has dealt with the fixation of pay scale of GLI. It has held that, a GLI is entitled to financial benefits on the conferment of the teaching status to a GLI. 8. In Rajbir Singh Dalai (supra) it has held that, it is not appropriate for the Court to sit on appeal over the opinion of the experts in the academic field. 9. Regulation 16 of the Calcutta University First Regulation, 1979 states that, in every college affiliated to Calcutta University there shall be a Teachers' Council. It provides that, all teachers including the Principal of the College shall be eligible to become members of the Teachers' Council. "College" and "teacher" for the Teachers' Council are defined in Regulation 16(i) and 16(ii) respectively. Regulation 16 specifies that, the teacher for the purpose of Chapter III of the First Regulation of 1979 would mean a permanent teacher whether whole time or part time and includes a temporary teacher working in a vacancy against a permanent post and also includes a demonstrator conducting practical classes independently and a tutor giving tutorial lessons independently, that is, otherwise than under the guidance of a Professor or Lecturer. The definition of "teacher" in Regulation 16 is for the purpose of Teachers' Council. The teacher contemplated in Chapter III of the First Regulation of 1979 is a person who takes classes independently. A GLI has been given a teaching status. The teaching status on itself might not allow a GLI to qualify to be a teacher within the meaning of Chapter III of the First Regulation of 1979. 10. For a person to become a teacher within the meaning of Chapter III of the First Regulation of 1979, such person apart from everything else required therein, has to satisfy the test that, he takes classes independently. The Senate of the Calcutta University has delineated the duties and responsibilities of a GLI. The duties and responsibilities of a GLI as delineated by the Senate of the Calcutta University are in page 38 of the affidavit-in-opposition of the University. Such duties and responsibilities do not empower a GLI to take classes independently. In fact, it is the contention on behalf of the University that, a GLI of a college affiliated to the Calcutta University does not take classes independently. This contention has not been demonstrated to be wrong, on facts, on behalf of the petitioner. 11. In such circumstances, since a GLI does not take a class independently, he cannot be considered to be a teacher within the meaning of Chapter III of the First Regulation of 1979 notwithstanding a teaching status being conferred to a GLI. Therefore, a GLI would not be qualified to participate in a Teachers' Council election as contemplated by the First Regulation of Calcutta University. The issue raised is answered accordingly. 12. In such circumstances, the claim made by the petitioner cannot be sustained. The issue is answered accordingly. W.P. No. 11877 (W) of 2016 is dismissed. No order as to costs.