Bhaskar Bhattacharya, J. - (1.) By this writ application, five library staff and one such retired staff of the Indian Institute of Management, Calcutta ("Institute"), have prayed for mandamus directing the respondents to cancel and/or rescind the impugned order dated January 12, 1999 bearing No. F. No. 1-10/98-TS.I (PT) issued by the Deputy Education Adviser (Technical) upgrading the post of Librarian, Deputy Librarian, Senior Assistant Librarian, Assistant Librarian and Library Assistant and for passing an order in accordance with law extending the benefit of revised pay scale introduced by Central Government through Notification dated February 28, 1989 w.e.f. 1st January, 1986 to the petitioners.
(2.) In the past, the present writ petitioners and some others filed another writ petition being C.O. No. 11247 (W) of 1992, inter alia, praying for direction upon the respondents to extend the benefit of the revised pay scale introduced by the Central Government by the Notification dated February 28, 1989 w.e.f. 1st January, 1986 in respect of library staff of the universities. On contested hearing such writ application was disposed of by Ajit Kumar Sengupta, J. by holding that the library staff of the Institute should be entitled to the benefits of the Notification dated February 28, 1989 and the Central Government was directed to provide funds for implementation of the said notification so far as the library staff or the Institute were concerned.
(3.) While giving such benefit, His Lordship specifically arrived at a conclusion that the statutes of the Institute is'equal to that of a university. In this connection, it will not be out place to refer to the following reasons given by His Lordship : "University is an institution of higher learning providing 'facilities for teaching and research and authorised to grant academic degrees. The college is attached to or affiliated to university. I.I.M is not affiliated to any university. A college lacks a right to confer its own degrees and for this purpose, is attached to, although may be physically separated form, a university, but I.I.M. confers its own diplomas which are recognised as equivalent to post graduate degrees or doctoral decrees. The Institute I.I.M. is a pioneering institution in the field of management education. For years it has demonstrated its ability in offering training in management science and it has attracted outstanding students. It has a notional character. It has been founded by different committees that it has set a standard as is found in Central Universities. It performs the traditional functions of a University enabling the students to learn from their cultural heritage, helping them to realise their intellectual and creative abilities, and encouraging them to become humane and responsible people. As the University does, so also this institution expands knowledge across the entire spectrum of disciplines, and it can add to the understanding and enjoyment of life. It continues to be needed for imaginative solutions to the problems of society. The position of eminent professor has been created in the I.1.M in recognition of the functions it performs. An institution whose diploma has been recognised all over the world as Master's Degree in Business Administration, the students whereof are admitted in the doctoral programmes in foreign Universities the Fellowship programme which is a full time doctoral programme which has been recognised as equivalent to the Ph.D. Degree in Management by the Association of Indian Universities as well as by the Government, the professors and teachers are treated as University professors and teachers, such an institution cannot be denied the status of a University. It is too late in the day to urge that the Library of the Institute cannot be equated with that of a University. In my view, the claim made by the petitioners is wholly justified on the facts and in the circumstances of this case and accordingly the 1/fbrary of the Institute should be given the status as a University Library. If the Factulty members of the Institute are entitled to revised U.G.C. Scales in terms of the Notification dated February 28, 1989, there is no justification dated February 28, 1989 for not granting such benefit of the Pay scale to the Library staff, being the petitioners.";