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Calcutta High CourtWPA/585/2023disposed

Piyali Sarkar And ORS v. State Of West Bengal And ORS.

2024-07-11Hon'Ble Justice Rajasekhar Mantha2 pages

11-07-2024 ct no. 13 Sl. 2 pk WPA 585 of 2023 Piyali Sarkar and others -VersusThe State of West Bengal & Ors.

Mr. S. P. Lahiri, Mr. R. Naskar ..for the petitioners Mr. Ratul Biswas, Mr. Kaushik Chowdhury ..for the WBBPE Ms. Asha G Gutgutia ..for the NCTE Mr. Bhaskar Prasad Vaisya, Mr. Pinaki Bhattacharya ... for the DPSC, North 24 Parganas Ms. Amrita Pandey ... for the respondent no. 6.

1.

The subject matter of the writ petitions is similar to the subject matter of WPA 12241 of 2021. Mr. Lahiri, learned counsel for the petitioners seeks interim order as passed in the said writ petition on 2nd July, 2024.

2.

This Court, however, notes a slight difference, in the sense that the writ petitioners therein received letters of appointment which were subsequently cancelled after a few months. The petitioners in the instant case have not been issued any letters of appointment.

3.

Mr. Lahiri submits that an affidavit filed by the NCTE before the Hon'ble Supreme Court in SLP (C) No. 12060-61 of 2014 (State of U.P. Vs. Harsh Kumar Vs. Ors.) would have vital bearing on the issues in the writ petition. The same shall be dealt with at the time of final hearing. The claims of the petitioners shall abide by the result of the writ petition.

4.

While the facts in the Rahaman Mallick case (supra) may be similar to the instant case, this Court is of the view that the instant writ petition must be decided finally along with the Rahaman Mallick case (supra) in which time to file affidavit-in-opposition by the respondents has been extended.

5.

Time to file affidavit-in-opposition by the other respondents, is also extended by a period of 3 weeks from date. Reply, if any, be filed within a period of 2 weeks thereafter.

6.

Liberty to mention for hearing after completion of pleadings.

(Rajasekhar Mantha, J.)