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Calcutta High Court dismisses PIL challenging advisory issued by West Bengal Government under administrative control of Higher Education Department

The Calcutta High Court dismissed a Public Interest Litigation (PIL) filed  challenging an advisory dated 1st April, 2024 issued by the Government of West Bengal, Higher Education Department, Government of West Bengal to the State aided universities in the West Bengal under the administrative control of the Higher Education Department, West Bengal.

The petitioner is a public interest litigant and he is stated to be associated with a number of schools and colleges in Asansol for their governance in the capacity of a member of the Managing Committee in the schools and Governing Body of colleges.   

The Division Bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya are of the view that the universities are aided by the State of West Bengal and certain advisories have been issued to the State aided universities.In case, if any university is aggrieved by any of the advisories, it is always open to the university to get clarification from the government or to challenge the same in the manner known to law.

“In any event, the communication dated 1st April,   2024 is an advisory and not a rule or statute. Therefore, we are of the view that challenge to the advisory cannot be entertained by way of a public interest litigation. In the result, the writ petition is dismissed”, the order reads.

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