12.02.2025 ItemNo.DL/2 Court No. 23 Asraf, A.R.(Ct.) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 28526 of 2024 PROF (DR.) SAMIR KUMAR PAL VS. THE UNION OF INDIA & ORS. Mr. D. N. Ray, Sr. Advocate Mr. Sourav Haldar ….for the Writ Petitioner Mr. L. Vishal Kumar ….for the Union of India Mr. Partha Ghosh (via VC) Mr. Madhu Jana ….for the Respondent no.3 Supplementary affidavit affirmed on behalf of respondent no.3 on 11th February, 2025 filed in Court today is taken on record. The reasoned order dated 6th February, 2025 passed by the Director, Satyendra Nath Bose National Centre for Basic Sciences is annexed to the supplementary affidavit. On a perusal of the reasoned order, it appears that the Director, Satyendra Nath Bose National Centre for Basic Sciences had given three options to the petitioner. The petitioner has opted the second option which will be evident from a communication made by the petitioner to the Director, Satyendra Nath Bose National Centre for Basic Sciences Page 2 on 6th February, 2025 which is at page 11 of the supplementary affidavit being Annexure ‘C’ thereto. The petitioner, however, refers to a electronic mail dated February 11, 2025 which is annexed at page 14 of the supplementary affidavit being Annexure ‘E’ thereto and submits that after passing of the reasoned order dated 6th February, 2025 by the Director, Satyendra Nath Bose National Centre for Basic Sciences and the petitioner having accepted option (2) therein the petitioner was served with this electronic mail by the Registrar of Satyendra Nath Bose National Centre for Basic Sciences wherein it is stated as follows :- 1. “ Institute at moment can grant you leave only for 1 year (combination of EL and EoL, as opted by you) based on your present invitation letter. 2. NOC can be issued only for the granted leave period, which is 1 year at the moment 3. Extension of Eol for 2nd year will be considered only after producing a confirmed invitation.” It is submitted on behalf of the respondents that the invitation letter is only for one year and is not for two years and, as such, the Registrar of Satyendra Nath Bose National Centre for Basic Sciences had issued the electronic mail dated 11th February, 2025. On a perusal Page 3 of the invitation letter which is annexed at page 15 of the writ petition it is clear that the invitation is for two years as it clearly specifies that the petitioner will be provided with an appropriate stipend following the University Rules. The University is in a position to offer one year’s stipend which will be renewable for the second year in case additional funding becomes available. The invitation, therefore, is for two years. So far as the stipend is concerned, the second year stipend is dependent on the availability of funds. This has nothing to do with the No Objection Certificate (NOC) to be given to the petitioner in terms of option (2) of the reasoned Order dated 6th February, 2025 for two years which comprises of earned leave and extraordinary leave. In the aforesaid facts and circumstances, the respondents are directed to issue No Objection Certificate (NOC) to the petitioner for a period of two years strictly in accordance with Clause (2) of the reasoned order dated 6th February, 2025 which is passed by the Director, Satyendra Nath Bose National Centre for Basic Sciences being the respondent no.3 in the writ petition as referred to hereinabove subject to compliance of all the requisite formalities, if any, within a period of seven days from date. Page 4 Nothing further remains to be adjudicated in this writ petition. The writ petition is accordingly disposed of. The parties are directed to act upon the server copy of this order duly downloaded from the official website of this High Court without insisting upon production of a certified copy thereof. ( Arindam Mukherjee, J. )