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Calcutta High CourtWPA/4821/2011disposed

Maloy Kumar Tripathi v. State Of West Bengal & ORS.

2023-10-10Hon'Ble Justice Aniruddha Roy3 pages

10.10.2023 Item No. ml. 50 Crt.No.22 b.r. WPA 4821 of 2011 IA No. CAN 1 of 2011 (Old No. CAN 3683 of 2011) Maloy Kumar Tripathi -vsThe State of West Bengal & Ors.

Mr. Ekramul Bari Sk. Imtiaz Uddin ..... for the petitioner.

Mr. Ekramul Bari, learned counsel, appears for the petitioner.

None appears for the respondents.

Though there was a direction for filing affidavits by a co-ordinate Bench way back on March 11, 2011, till today no affidavit-in-opposition has been filed.

Considering the issue involved in this writ petition, this Court is of the view that, no fruitful purpose shall be served by keeping this writ petition pending any further. The writ petition is of 2011. This Court proceeds with this writ petition for its disposal.

Drawing attention to annexure P-1 at page-22 to the writ petition, learned counsel for petitioner submits that on the basis of the prior permission dated January 28, 2009 issued by the respondent no.3 a selection process for the post of Clerk at Sarpai Model Institution (H.S.), DistrictPurba Medinipur was held. The petitioner being one of the aspirant and participant in the selection process had received the interview letter from the school dated July 8,

2010 annexure p-2 at page-23 to the writ petition. The relevant school then vide its communication dated September 28, 2010 annexure p-3 at pages 24 and 25 to the writ 0petition submitted all the relevant papers along with the panel before the respondent no.4 and since then the same is pending with such State authority. Considering the submissions made on behalf of the petitioner and upon perusal of the materials on record, to sub-service justice, the respondent no.4 is directed to consider the issue on the basis of the said two communications of the relevant school dated August 26, 2010 and September 28, 2010 both being annexure p-3 at pages 24 and 25 to the writ petition by passing a reasoned order strictly in accordance with law. In the event any further assistance is required, the relevant school shall render such assistance to the respondent no.4 forthwith.

The entire exercise as directed above shall be carried out and completed by the respondent no.4 positively within a period of six weeks from the date of communication of this order.

With the above directions and terms, this writ petition WPA 4821 of 2011 along with IA No. CAN 1 of 2011 stand disposed of, without any order as to costs.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)