DEBANGSU BASAK,J. - (1.) A Graduate Laboratory Instructor (GLI) has challenged the election of the Teachers' Council of the College held on May 14, 2016. The GLI claims that, a GLI has been given teaching status. A GLI is entitled to participate in the Teachers' Council election. The University and the College authorities have wrongfully prevented the petitioner from participating in the Teachers' Council election.
(2.) Learned Advocate for the petitioner has submitted that, pursuant to a judgment and order passed in a writ petition, the authorities had conferred the status of teacher upon a GLI in Non-Government College. He has referred to a Circular dated July 27, 1988 in this regard. He has submitted that, a GLI is to be regarded as a member of the teaching staff for all purposes, except the scale of pay, as per order of the Hon'ble Division Bench. He has referred to a circular of the Vidyasagar University dated November 16, 1991 where all GLIs have been recognized to become members of the Teachers' Council of Vidyasagar University. He has referred to a writing dated May 7, 2016 of Lalbaba College and has submitted that, librarians have been allowed to participate in the Teachers Council meeting. He has referred to the definition of "teacher" appearing in the Calcutta University First Regulation, 1979 and has submitted that, a GLI comes within the definition of a "teacher" therein.
(3.) Learned Advocate for the University has submitted that, a GLI does not have the requisite educational qualification as that of a teacher. She has submitted that, GLI is a non-teaching post. She has referred to various Government Orders of the Education Department and has submitted that, the State authorities have treated GLI as nonteaching staff. She has submitted that, GLI does not take a class independently. Referring to the definition of "teacher" as obtaining in the Calcutta University First Regulation, 1979 she has submitted that, a person who takes classes independently can be considered as a teacher. A GLI assists a teacher. A GLI does not take a class independent of a teacher. A GLI, therefore, cannot be considered to be a teacher within the meaning of "teacher" as obtaining under Chapter-III of the Calcutta University First Regulation, 1979.;