Sandip Chakraborty & ORS v. District Primary School Council, Paschim Medinipore & ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 9674 OF 2017 SANDIP CHAKRABORTY & ORS.

VS.

DISTRICT PRIMARY SCHOOL COUNCIL, PASCHIM MEDINIPORE & ORS. MR. SARWAR JAHAN, ADVOCATE MR. ANINDA BHATTACHARYA, ADVOCATE MR. ANUPAM MONDAL, ADVOCATE ......for the Petitioner MR. RANJAN SAHA, ADVOCATE MR. MASRUR AHAMED, ADVOCATE ......for the DPSC, Paschim Medinipore

1. On 21.03.2025 when this writ-petition was taken up for WEDNESDAY Court : MB-07 Item : DL-17 Bench : SINGLE Matter : WPA Status : DD ID : 266057 AR : NANDY hearing, it came to the notice of this Court that the present writ-petition was affirmed by one Rahul Chakraborty, who has been arraigned as petitioner no. 6 in the cause title of the writ-petition, had not attained the age of 18 years on the date of affirmation and he and Dilip Kumar Adhikary, the petitioner no. 7 herein, have never appeared in the selection process. Hence this Court requested the Mr. Kamalesh Bhattacharya, learned Advocate who represented the writ-petitioners on 21.03.2025, to produce them before the Court.

2. However, they did not appear before this Court citing some difficulties in their respective families.

3. Taking judicial note of the fact that the instant writpetition was affirmed by one Rahul Chakraborty who was underage on the date of affirmation, it would not be prudent to entertain such writ-petition.

4. Today Mr. Jahan, learned Advocate appearing for the petitioners filed the written instruction given to Mr. Anupam Mondal, learned Advocate-on-record, by the six other writ-petitioners expressing their intention not to proceed with the instant writ-petition.

5. In view thereof, this Court does not want to proceed further.

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6. In view thereof, the writ-petition being WPA 9674 of 2017 is dismissed without granting liberty to the writpetitioners to file any writ-petition on the selfsame cause of action.

(PARTHA SARATHI CHATTERJEE, J.)