Nila Roy Debnath And ORS v. State Of West Bengal And ORS.

03.07.2025.

Item No. 44.

Court No. 13 ap F.M.A. No. 394 of 2025 With I.A. No. CAN 1 of 2025 Nila Roy Debnath & Ors.

Versus

State of West Bengal & Ors.

Mr. Debasish Das, Mr. Bikash Chowdhury.

...For the appellants.

1.

Despite service of notice, the respondents are not represented. Affidavit-of-service filed in Court today be taken on record.

2.

The appellants are aggrieved by an order dated 16th January, 2025 passed by a learned Single Judge of this Court in W.P.A. No. 30362 of 2024 whereby their writ petition has been dismissed.

3.

It appears that the writ petition was filed in 2024 when the appellants challenged a recruitment process initiated in the year 2009. It further appears that the merit list and/or panel of successful candidates was published in the year 2010 and is annexed to the instant writ petition.

4.

Counsel for the appellants submits that they are higher in rank than the appointed candidates and that there are vacancies available even today. 5.

It is now well-settled that a panel has definite and distinct life.

6.

This Court is of the view that a panel prepared in the year 2010 may have lapsed by efflux of time.

Any impropriety in the selection process cannot be entertained, after lapse of 14 years. The writ petition is hopelessly barred by delay and laches and no relief can be granted to the appellants in this appeal. 7.

The impugned order dated 16th January, 2025 calls for no interference. FMA 394 of 2025 must fail and is hereby dismissed.

8.

In view of dismissal of the appeal itself, the connected application being CAN 1 of 2025 shall also stand dismissed.

9.

There will be no order as to costs.

10.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)