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Calcutta High CourtWPA/641/2024dismissed

Manorama Dakua And ORS. v. State Of West Bengal And ORS.

2025-06-12Hon'Ble Justice Saugata Bhattacharyya2 pages

12.06.2025 MLrkd Ct.18 W.P.A. 641 of 2024 Manorama Dakua & Ors.

-vsThe State of West Bengal & Ors.

Mr. Rahul Deb Goenka ....for the petitioners.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey ....for the WBBSE.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja .... For the WBCSSC.

At the time of call accommodation is prayed for on behalf of the petitioners and the same is refused since on perusal of records it appears that matter was taken up for consideration on 20th March, 2025 when identical prayer was made and same was allowed by giving direction that matter to appear in the monthly combined list of April, 2025.

Petitioners participated in 1st State Level Selection Test, 2016 for recruitment of Assistant Teachers in Physical Education/Work Education (Upper Primary).

It is contended that on superseding merit position some other candidates were permitted to participate in the personality test as a result whereof the selection process was questioned.

Today it is submitted on behalf of the West

Bengal Central School Service Commission that the panel expired on 11th December, 2019 and the present writ petition was instituted on 9th January, 2024. It is settled law that after expiry of the panel candidate loses right to question the selection process. In this regard reliance is placed on the judgments of the Hon'ble Supreme Court, one reported in (1996) 9 SCC 309 (State of Uttar Pradesh & Ors. v. Harish Chandra & Ors.) and another reported in (2009) 2 SCC 706 (Girdhar Kumar Dadhich & Anr. v. State of Rajasthan & Ors.).

In the present case after expiry of the panel on 11th December, 2019 writ petition was filed precisely after four years on 9th January, 2024 when the panel was given effect to.

Hence, at this belated stage, no relief can be granted to the petitioners.

The writ petition stands dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)