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Calcutta High CourtMAT/498/2023dismissed

Priti Narjinary v. State Of West Bengal And ORS.

2023-09-18Hon'Ble Justice Soumen Sen,Hon'Ble Justice Prasenjit Biswas2 pages

MAT 498 of 2023 Item-29.

CAN 1 of 2023 CAN 2 of 2023 18-09-2023 sg Priti Narjinary Ct. 8

Versus

The State of West Bengal & Ors.

1. The appellant is not represented nor any accommodation is prayed for on behalf of the appellant.

2. In the absence of the appellant, we have perused the order impugned. The appeal is arising out of an order dated 13th January, 2023. The question before the learned Single Judge was whether the applicant/appellant would be given an opportunity by the Board for recommendation in a XI-XII school and on the basis of that recommendations have already been made.

3. The appellant is working in a school of her own choice. It appears that in spite of knowing the outcome of the earlier litigation, she did not proceed by challenging the said decision and on the basis thereof, the learned Single Judge had arrived at a finding that the appellant not only had abandoned her right as soon as the breakup of marks was published in the website of the School Service Commission in July, 2022 by raising no objection and had approached the Court in November, 2022 after the recommendation is made on the basis of the order and the order of the Court was implemented.

4. On such consideration, we do not find any reason to interfere with the order impugned. The appeal and the applications are dismissed. However, there shall be no order as to costs.

(Prasenjit Biswas, J.) (Soumen Sen, J.)