Malay Sarkar v. State Of West Bengal And ORS.

20.08.2024 ML.163 Ct. No.18 PP WPA 9486 of 2023 Malay Sarkar Vs.

The State of West Bengal & Ors.

Md. Nauroz Rahber, Mr. Muhammad Jawwad ... for the petitioner.

Mr. Joydip Banerjee, Mr. Avishek Prasad ....for the State.

Affidavit of service filed in Court today on behalf of the petitioner is taken on record.

The grievance of the petitioner which has been ventilated by presenting the writ petition is against the President of the Managing Committee of Rampur Indira Uchcha Vidyapith (H.S.), District - Uttar Dinajpur.

According to the petitioner, the respondent no.8 was wrongly appointed as the President of the Managing Committee of the aforesaid school.

During course of hearing, the learned advocate representing the State respondents questions the locus standi of the petitioner to maintain this writ petition since in paragraph 2 of the writ petition it has

been averred that the niece of the petitioner is studying in the aforesaid school.

Having considered the objection raised on behalf of the State respondents, this Court has posed query to the learned advocate representing the petitioner that in which class the niece of the petitioner is studying. Court does not get satisfactory answer. It is also not the case of the petitioner that the student who is studying in the aforesaid school is not having her parents.

In view of the aforesaid position, the petitioner does not have locus standi to present this petition claiming that his niece is studying in the said school thereby questioning appointment of the respondent no.8 as the President of the Managing Committee. Accordingly, the writ petition stands dismissed. There will be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)