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Calcutta High CourtWPA/5440/2024dismissed

Kamal Debnath v. State Of West Bengal And ORS.

2024-06-11Hon'Ble Justice Rajasekhar Mantha2 pages

11.06.2024 Court No. 13 Item No. 61 AP WPA 5440 of 2024 Kamal Debnath Vs.

The State of West Bengal and Ors.

Mr. Sanjib Das Mr. Sk. Abul Hasan .... For the Petitioner.

Mr. Moniruzzaman Mr. Munshi Mizanur Rahaman .... For the State.

Mr. Saikat Banerjee Mr. Ratul Biswas Mr. Kaushik Chowdhury .... For the WBBPE.

1.

Supplementary affidavit filed on behalf of the petitioner in Court today is taken on record. 2.

The petitioner is aggrieved by the marks disclosed to him in respect of TET 2012. The said marks were disclosed in the year 2015 under the RTI Act. The petitioner claims that he has not been supplied with the OMR sheet of the year 2012. Poor financial condition of the petitioner is pleaded as a ground for approaching the Court late.

3.

The Legal Services Authority in the State at all levels including that of the High Court was in existence for a substantial period of time and even in the year 2012. The petitioner could be approached such authorities if he could not afford to institute the

proceedings. In any event, poverty cannot be a ground for covering up inordinate delay and laches which defeats equitable relief.

4.

The petitioner admittedly did not participate in the recruitment process of the year 2013, which was conducted on the basis of the TET 2012.

5.

No relief can, therefore, be granted to the petitioner.

6.

Accordingly, the writ petition fails and hereby dismissed.

7.

There shall be no order as to costs.

8.

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

(Rajasekhar Mantha, J.)