14.09.2026 Item No.28 Ct. No.652 PG WPA 14356 of 2023 Sri Kausik Bhattacharya Vs Visva-Bharati, service through the Vice-Chancellor & Ors. Mr. Anjan Bhattacharya Ms. Anita Shaw Ms. Seema Thakur ….For the Petitioner Mr. Victor Chatterjee Mr. Pramitava Nath …..For the Respondent/University 1. Parties are represented by their respective learned advocates. 2. In the instant writ petition, the petitioner’s grievance is regarding process of promotion as well as formation of selection committee for promotion, by the respondents. The petitioner has challenged a written communication of the Registrar (Acting), Visva Bharati dated 16.08.2021 rejecting his candidature for promotion from Associate Professor, Stage – 4 to Professor, Stage – 5 under the Career Advancement Scheme of the U.G.C. 3. Mr. Bhattacharya, learned advocate for the petitioner has submitted, inter alia, that the entire process undertaken by the respondent authority is liable to be vitiated, insofar as, there is gross violation of the Rules at the threshhold 2 regarding constitution of the Selection Committee. In this regard, he has referred to Clause – 5.1.2 of the U.G.C. Regulations, which he submits, requires inclusion of three experts of the subject, nominated by the Vice Chancellor, into the selection committee. However, he indicates from the e-mail attachment dated 13.07.2021, that it clearly transpires that that in this process the said selection committee was constituted not in accordance with the Rules, since only two experts of the Subject – Philosophy, were included in the Selection Process. 4. Mr. Bhattacharya has further mentioned that there are other several flaws during the entire selection process including allotment of marks, particularly ‘API Score’ to the present petitioner. 5. He further indicates that the petitioner ventilating all his grievances with respect to the entire selection procedure, has submitted his letter dated 02.03.2019 before the authority, which is yet to be considered by the said respondent. 6. Mr. Bhattacharya has referred to the order of the Coordinate Bench in a similar matter dated 14.05.2025 in W.P.A. 19430 of 2024 (Narayan Chandra Sarkar Vs. Visva – Bharati & Ors.). He says that in the same, the Court has directed 3 the respondent authorities to reconsider the prayer of the petitioner in accordance with law. He insists for similar order to be passed in the instant case also. 7. Mr. Chatterjee, learned advocate, has represented the respondent authority. So far as the order passed by the Hon’ble Coordinate Bench in a similar matter, he has conceded to the said fact. 8. Having heard both the learned advocates for the parties and having perused the materials on record, it is found that several points have been urged by the petitioner challenging the process of promotion including that regarding illegal formation of the selection committee, which is stated to be in stark contravention of the applicable Rules. 9. Since the entire grievance of the petitioner touches the very root of the process undertaken by the respondent authority in giving effect to the promotion, it is found proper to remand this matter to the respondent authority for immediate consideration and disposal of the petitioner’s prayer vide letter dated 02.03.2019. 10.In that event, the impugned communication of the respondent authority dated 13.07.2021 stands set aside. 4 11.Let the respondent no.2 consider the petitioner’s representation dated 02.03.2019, if necessary, by forming a Selection Committee, immediately in accordance with the law and dispose of the same. 12.With the aforesaid direction, W.P.A. 14356 of 2023 is disposed of. 13. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all legal formalities. (Rai Chattopadhyay, J.)