TARUN KUMAR KHARA vs STATE OF WEST BENGAL AND ORS.

1

Form J(2)
Sl.No. 6
Moumita
In the High Court at Calcutta

Constitutional Writ Jurisdiction
Appellate Side

Present:
The Hon’ble Justice Aniruddha Roy

WPA 23381 of 2026

Tarun Kumar Khara
Vs.
The State of West Bengal & Ors.

For the Petitioner :Mr. Shibaji Kumar Das, Adv.
Mr. Dipendu Sarkar, Adv.



For the Respondent nos. 1 to 5 :Mr. Amit Chakrabarti, Ld. AGP.
Mr. Souvik Sen, Adv.




Heard on : September 1, 2026
Judgment on : September 1, 2026
[ In Court ]
Aniruddha Roy, J. :


1. Upon urgency being pleaded by the petitioner and since the
determination of the Regular Bench has been assigned before this Court,
the matter has been taken up for consideration.
2. Affidavit-of-service, filed in Court today, is taken on record.
3. Mr. Shibaji Kumar Das, learned Advocate appears for the petitioner with
Mr. Dipendu Sarkar, learned Advocate.
WPA 23381 of 2026
A.Roy, J.

2

4. Mr. Amit Chakrabarti, learned Additional Government Pleader appears
for the Respondent nos. 1 to 5 with Mr. Souvik Sen, learned Advocate.
5. The writ petitioner is the lecturer in Civil Engineering Department at
North Calcutta Polytechnic College. Petitioner sought for permission to
pursue his Master Degree in engineering. Permission was not granted
and the application of the petitioner was rejected by the Polytechnic
College under the impugned communication dated August 19, 2026
Annexure p-12 at page 59 to the writ petition and also under the
impugned communication dated August 22, 2026 Annexure p-15 at
page 68 to the writ petition. The finding of the authority was as under:
‘With reference to above, following
points may kindly be perused:-
i) The G.O. No. 1/673174/2025 dated
31.07.2025 states " The incumbents
will be deputed for higher study up to
the age of 55 years. Relaxation will be
given for a maximum of 2 years on the
merit or individual application received,
if any". (Copy attached)
ii) As per the office records, the date of
birth of Sri Tarun Kumar Khara is
17.01.1968. So his present age is more
than 58 years and 06 month.
iii) Therefore, the eligibility criteria for
allowing Sri Tarun Kumar Khara for
higher study as per G.O No.
1/673174/2025 dated 31.07.2025 is
not fulfilled.
Hence, the application submitted by Sri
Tarun Kumar Khara through
Polytechnic Portal in connection with
the subject mentioned above has not
been forwarded further from PIC's end
WPA 23381 of 2026
A.Roy, J.

3

and reverted back to Sri Tarun Kumar
Khara.’
6. Referring to a State Notification dated February 25, 2021 at page 34 to
the writ petition, petitioner submits that, the age of superannuation of
the petitioner has been enhanced from 60 to 65. The Government order
dated July 31, 2025 at page 60 to the writ petition, referred to by Mr.
Amit Chakrabarti, learned Additional Government Pleader for the State
shows that, previously the aspirant was allowed up to 50 years to apply
for higher studies but subsequently it was modified and the age was
enhanced to 55 years, with relaxation for a maximum of two years on the
merit of individual applications.
7. On a close scrutiny of the said impugned communications dated August
19, 2026 and August 22, 2026 under which permission was rejected, it
appears to this Court that, the petitioner being 58 years 6 months old
at present, the permission was rejected.
8. On behalf of the petitioner West Bengal Service Rules has been referred
to Annexure p-18 at page 82 to the writ petition and it is submitted
that, who is due to retire or has the option to retire from the Government
service within three years of the date on which is expected to return to
duty after the expiry of the leave shall not ordinarily be granted study
leave.
9. On a prima facie scrutiny of the impugned rejection, it appears to this
Court that, all these facts with the relevant notification and rules were
WPA 23381 of 2026
A.Roy, J.

4

not placed before the authority while taking a decision rejecting the
permission in favour of the petitioner. All the relevant rules and the
Government orders and memoranda are required to be considered by the
authority to come a final decision on the issue, since the carrier with an
intention of higher studies of the petitioner is involved with
consequential service benefits.

10. It is made clear that, this Court has not expressed any opinion on the
policy decision of the state at this stage.
11. This Court is also of the considered view that, the issue needs to be
revisited once again, on the basis of all the existing relevant materials.
12. Accordingly following directions are made :
(a) The impugned decisions dated
August 19, 2026 Annexure P-
12 at page 59 and August 22,
2026 Annexure p-15 at page
68 to the writ petitioner stand
set aside and quashed .
(b) The Principal of the
concerned Polytechnic
College upon issuing three
days prior notice to the petitioner
and after affording him an
opportunity of hearing shall
decide the issue on the basis of
the documents and records in
the writ petition as also if any,
other records are existing on the
issue including relevant policy
decisions of the State and shall
pass a reason order in
accordance with law.
WPA 23381 of 2026
A.Roy, J.

5

(c) The entire exercise shall be
carried out and completed by the
principal positively within a
week from the date of the first
hearing.
(d) The reasoned order shall be
communicated to the petitioner
within next two working days
from the date of the said
reasoned order to be passed.

13. The petitioner shall be entitled to attend the hearing along with an
authorised representative.
14. In the event, the reasoned order goes in favour of the petitioner, the
appropriate authority/authorities shall take all necessary and
consequential steps to give an immediate effect thereto, but positively
within next seven days from the date of the communication of the
reasoned order to such appropriate authorities.
15. It is made clear that, this Court has not expressed any opinion on the
merits of the claim of the petitioner including the validity of the SOP in
terms of prayer – (b) to the writ petition.
16. It is made clear that, this order shall not create any right or equity in
favour of the petitioner, if the petitioner is otherwise not eligible to
receive his claim strictly in accordance with law.

17. Since affidavits are not called for, the allegations made in this writ
petition are deemed not to have been admitted by the respondents.
WPA 23381 of 2026
A.Roy, J.

6

18. With the above observations and directions, this writ petition, WPA
23381 of 2026 stands disposed of , without any order as to costs.
19. Parties shall be at liberty to take steps on the basis of the server copy of
this order after the same being obtained from the Official Website.

(Aniruddha Roy, J.)
WPA 23381 of 2026
A.Roy, J.