18.09.2026 Court No.13 Item No.12 AP MAT 854 of 2026 With CAN 1 of 2026 With CAN 2 of 2026 Rupa Bhattacharyya Vs. The State of West Bengal and Ors. Mr. Purnasish Gupta Ms. Soma Kundu … For the Appellant. Mr. Piush Chaturvedi Mr. Tarun Kumar Das … For the State. Mr. Manabendranath Bandyopadhyay Mr. S. Sen Mr. P. Sarkar … For the Respondent No.4. Re.: CAN 1 of 2026 1. CAN 1 of 2026 has been filed seeking condonation of delay of 13 days. 2. Sufficient grounds are available in the application to explain such delay. Hence, the delay in filing of the appeal is condoned. 3. Accordingly, CAN 1 of 2026 is allowed. Re.: MAT 854 of 2026 With CAN 2 of 2026 4. The appeal is directed against an order dated 30th March, 2026 passed by a Single Bench of this Court. 5. The appellant/petitioner was a Registrar of the Indian Institute of Social Welfare & Business Management (IISWBM). She superannuated at the age of 60 from the aforesaid institute on 31st March, 2026. Prior thereto she 2 made a representation to the institute in March 2025. In the said representation she relied upon a communication dated 30th August, 2018 issued by the Governor, State of West Bengal. By the said notification, the retirement age of serving Registrars of the State aided universities was extended from 60 to 62 with effect from 31st August, 2018. The institute, however, did not amend its service rules where retirement age was remained at 60. 6. Learned counsel for the appellant/writ petitioner would argue before this Court that the IISWBM is aided by the State and Central Government. Its Board of Directors primarily comprise of nominees of State and Central Government. 7. It is also submitted that by a communication dated 5th March, 1984 the State Government had extended Dearness Allowance to the teachers and non-teaching staff of the IISWBM. 8. This Court finds that the criteria laid down by the Hon’ble Supreme Court, inter alia, in the case of Pradeep Kumar Biswas Vs. Indian Institute of Chemical Biology reported in (2002) 5 SCC 111 and in the case of Army Welfare Education Society New Delhi Vs. Sunil Kumar Sharma and Ors. reported in 2024 SCC OnLine SC 1683 are satisfied. 9. The writ petition was, therefore, maintainable against the institute. The Single Judge committed error in dismissing the writ petition as not maintainable. The State 3 and the Central Government have financial and management control over the institute. 10. However, this Court notes that the notification of the Governor, State of West Bengal dated 30th August, 2018 applies only to State aided universities. The said notification was not binding on the IISWBM, which is not a University. It is only affiliated to the Calcutta University. Such institute was, therefore, authorized to frame its own rules including retirement age of its teaching and non- teaching staff. 11. In the light of the above, the argument of the learned counsel for the appellant/writ petitioner that the retirement age of the appellant/writ petitioner should be enhanced to 62 cannot be accepted. The State has also clarified in a communication dated 19th March, 2026 that the said notification dated 30th August, 2018 issued by the Governor, State of West Bengal cannot applied to the IISWBM. 12. Hence, no relief can be granted to the appellant/writ petitioner. 13. Accordingly, MAT 854 of 2026 is dismissed. Consequently, CAN 2 of 2026 is also dismissed. 14. There shall be no order as to costs. 15. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Anuj Singh, J.)