Authority: High Court at Calcutta

Order Date: September 1, 2026

Case Overview

  • Petitioner: Tarun Kumar Khara, lecturer in Engineering at North Calcutta Polytechnic College, aged 58 years 6 months.
  • Respondents: State of West Bengal and five other respondents, represented by Additional Government Pleader Amit Chakrabarti.
  • Petition (WPA 23381 of 2026) sought permission to pursue a Master’s degree in engineering.
  • Polytechnic College rejected the petition in communications dated August 19, 2026 (Annexure p‑12) and August 22, 2026 (Annexure p‑15), relying on GO No. 1/673174/2025 dated 31‑07‑2025 which permits higher study up to age 55, with a possible two‑year relaxation.
  • Petitioner contended that a State Notification dated 25‑Feb‑2021 raised superannuation age from 60 to 65, and a Government Order dated 31‑July‑2025 increased the upper age limit for higher‑study applications from 50 to 55 with a two‑year relaxation, making him eligible.
  • The Court observed that the rejecting authority had not placed all relevant notifications and service rules before it, including West Bengal Service Rules (Annexure p‑18) which restrict study leave for employees likely to retire within three years of return.

Final Outcome

  • The Court set aside and quashed the impugned decisions dated August 19 and August 22, 2026.
  • Directed the Principal of North Calcutta Polytechnic College to give the petitioner three days’ notice, afford a hearing, and decide the matter based on all documents, including the cited policy decisions, and to pass a reasoned order in accordance with law.
  • The rehearing process must be completed within one week of the first hearing; the reasoned order must be communicated to the petitioner within two working days of its issuance.
  • If the reasoned order favors the petitioner, the appropriate authorities must implement it within seven days of communication.
  • The order does not create any right or equity for the petitioner if he remains ineligible under law, and the petition is disposed of without any order as to costs.

Topics: Higher Education, Service Rules, Judicial Relief