Sampa Panda And ORS v. State Of West Bengal And ORS.
Dl.
3.
January 13, 2021 Through Video Conference
3) MAT 13 of 2021 Sampa Panda & Ors.
4) MAT 23 of 2021 Chinmoy Debnath & Ors.
5) MAT 24 of Bhaskar Mandal & Ors.
6) MAT 25 of 2021 Roni Dutta & Ors.
9) MAT 29 of 2021 Arpita Jana & Ors.
10) MAT 30 of 2021 Sanjoy Laha & Ors.
11) MAT 31 of 2021 Md. Iayadud Hossain & Ors.
12) MAT 32 of 2021 Goutam Ghosh & Ors.
13) MAT 33 of 2021
Yarun Alia & Ors.
14) MAT 35 of 2021 Anuradha Ghosh & Ors.
Manas Kumar Sardar
15) MAT 36 of 2021 Uttam Pramanik & Ors.
Manas Kumar Sardar
16) MAT 37 of 2021 Debapriya Panja Manas Kumar Sardar
17) MAT 38 of 2021 Jaydeep Maity & Ors.
19) MAT 40 of 2021 Shilpi Mondal Manas Kumar Sardar
20) MAT 42 of 2021 Tushar Kanti Deogharia
24) MAT 46 of 2021 Syed Ariful Islam & Ors.
(Via Video Conference) Mr. Biswaroop Bhattacharya, Ms. Reshmi Ghosh, Mr. Soumya Sankar Chini, ...for the Appellants.
Mr. L.K. Gupta, Sr. Adv., Mr. Subir Sanyal, Mr. Ratul Biswas ...for the W.B.
Board of Primary Education in Item Nos.3,5,10, 11,13, 14, 15, 16,19 & 20.
Mr. Partha Sarathi Bhattacharjee, Sr. Adv., Mr. Sougata Mitra, Ms. Ankita Dey, ...for the Petitioner in Item Nos.5,10,11,13,14,15,16,19,20.
In all these matters, the applicants have prayed for leave to prefer appeals against the order passed by the learned Single Judge on January 7, 2021 in a batch of writ petitions. These applications for leave to prefer appeal are like putting the cart before the horse.
The applicants have filed these applications for leave to prefer appeal on the ground that the learned Single Judge by the order dated January 7, 2021 directed the Secretary, West Bengal Board of Primary Education to allow the petitioners covered by the said order to submit applications off-line pursuant to the notification dated December 23, 2020 and such applications were directed to be duly considered during the recruitment process provided the writ petitioners submit their applications by January 8, 2021 though the notification specifies that the applications should be submitted by January 6, 2021. The basis of the judgment impugned herein appears to be that the said writ petitioners approached the learned Single Judge on or before January 6, 2021, which was the cut off date in terms of the notification dated December 23, 2020.
We are at a loss to understand how the prayer for leave to prefer appeals could be entertained, when the learned Single Judge has decided the matters in which the presence of the present applicants were not necessary. The applicants were neither
necessary nor proper parties in several writ petitions in which order dated January 7, 2021 was passed.
It is argued on behalf of the applicants that they are similarly placed as that of the writ petitioners, who have been benefited by the order dated January 7, 2021. Nothing prevented the present applicants to approach the learned Single Judge for similar reliefs if they feel that they are similarly placed. In view of the fact that the present applicants are neither necessary nor proper parties in the writ proceedings disposed of by order dated January 7, 2021 and in deciding those writ petitions their presence were required or the order passed in the said writ proceedings are likely to affect or has affected the present applicants in any way, we are not inclined to grant leave to prefer appeals against the order dated January 7, 2021 leaving it to the applicants to pursue their remedies in accordance with law. Moreso, we are of the firm opinion that the applicants are not "persons aggrieved" who can file these applications for leave to prefer appeal.
We, however, make it clear that we have not gone into the merits of the matter.
The applications for leave to appeal are, thus, dismissed.
In view of dismissal of the applications for leave to prefer appeal, the memoranda of appeal and the connected applications for stay are rejected.
There will be no order as to costs.
Let photostat plain copies of this order duly
dns countersigned by the Assistant Registrar (Court) be made available to the learned advocates for the parties for taking steps in the matter. ( Soumen Sen, J. ) ( Saugata Bhattacharyya, J. )