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Calcutta High CourtWPA/3901/2021dismissed

Asraf Ali And ORS v. State Of West Bengal And ORS.

2021-04-09Hon'Ble Justice Rajasekhar Mantha2 pages

09.04.2021 Ct. No.13 Sl. No.91 akd W.P.A. 3901 of 2021 [via video conference] [Asraf Ali & Ors. -Vs- The State of West Bengal & Ors.] Mr. Rajarshi Basu Mr. Bitasok Banerjee ... for the petitioners Mr. Joytosh Majumder .. Ld. Govt. Pleader Ms. Kakali Samajpaty Mr. Shayak Chakraborty ... for the State The writ petitioners participated in the process of recruitment to the post of Home Guard Volunteers (HGV) in the district of Murshidabad in the year 2013. The said process of recruitment was cancelled and set aside by a Division Bench of this court vide order dated 4th December, 2018 in M.A.T. 563 of 2018 (Tajirul Islam & Ors. vs. The State of West Bengal & Ors.)

Learned counsel for the petitioners submits that since the recruitment process was cancelled for no fault on the part of the petitioners, they should be allowed to serve voluntarily as Home Guard Volunteers under the aforesaid district. This Court notes and, as submitted by Mr. Joytosh Majumder, learned Government Pleader, the Division Bench and the State had given liberty, inter alia, to the petitioners to participate in the fresh process of selection initiated, which the petitioners have not. The prayer made by the petitioners is thoroughly misconceived.

For the reasons stated hereinabove, the writ petition must fail and is hereby dismissed.

Order dated 4th December, 2018 (supra) may be kept with the record.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Rajasekhar Mantha, J.)