Jamat Ali Shaikh v. State Of West Bengal And ORS.

20.2. 2025 item No.20 n.b.

ct. no.24 WPA 2726 of 2025 Jamat Ali Shaikh Vs.

The State of West Bengal & Ors.

Mr. Shanit Sanyal, Ms. Priyakshi Banerjee, ...... for the petitioner.

Mr. Suman Sengupta, Mr. Dwaipayan Basu Mallick, Ms. Sweta Chakraborty, .... For the State.

Affidavit of service filed by the petitioner is taken on record.

The petitioner applied for licence in terms of vacancy notification no.279 dated May 6, 2024. It is the contention of the petitioner that he applied for the licence by making proper application with proper fees. Since then no inspection or other procedure for filling the vacancy was conducted by the State authority. He prayed for necessary order, so that, the State authority may be concluded the entire procedure as early as possible. The State represented through learned counsel Mr. Sengupta.

It appears that the petitioner has filed application for grant of licence in terms of vacancy notification dated May 16, 2024 but the authority concerned has not

proceeded properly according to the time frame has laid down in the WBPDS(M&C) Order, 2013.

The interim order of the Hon'ble Division Bench of this Court in a batch of appeals being MAT 1543 of 2024 wherein the State authority was directed not to issue new appointment may have restricted them.

However, I make it clear that the interim order passed by the Division Bench in MAT 1543 of 2024 has not debarred the State authority to proceed with the selection process.

Considering the same, the instant writ petition is disposed of with a direction to the State authority to dispose of selection process according to the time frame laid down in the WBPDS(M &C) Order, 2013, but so far as grant licence of is concerned, that shall not be issued till the disposal of the batch of appeals pending before the Hon'ble Division Bench in MAT 1543 of 2024.

Since no affidavit has been exchanged, the allegations made in the writ petition shall be deemed to have been not admitted.

This Court has not entered into the merit of this mater, the concerned authority is to take appropriate decision according to law without being influenced by any observation of this Court.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Subhendu Samanta, J.)