Anindita Nandi Batabyal v. State Of West Bengal And ORS.

12.07.2021 (S/L-3) Ct.-17 (PJ) (Via Video Conference) W.P.A. 10558 of 2021 Anindita Nandi (Batabyal) -Vs- The State of West Bengal & ors.

Ms. Susmita Saha Dutta, Mr. Niladri Saha, ....... For the Petitioner.

Mr. Supriya Chattopadhyay, Mr. Sabyasachi Mondal, ... For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dube Chakraborty, ... For the School Service Commission.

Ms. Koeli Bhattacharya, ... For the WBBSE.

The petitioner was recommended by the School Service Commission for the post of Assistant Teacher for Classes XI-XII in the subject of Nutrition (Post Graduate).

The recommendation letter was issued on August 29, 2018.

Pursuant to that recommendation, appointment letter was issued by the West Bengal Board of Secondary Education on September 20, 2018 directing her to join the School within 15 days from the date of issuance of the appointment letter. It is not the case of the petitioner that she did not get the

appointment letter. Her case is that due to some personal difficulty, which is not disclosed fully with the necessary particulars, in the writ application she could not join for which she made two representations. One is in the month of September, 2018 and the other is in the month of December, 2018. From then onwards the petitioner is maintaining silence and has filed writ application on May 12, 2021.

When a large number of candidates are waiting for their employment through School Service Commission and they are running from pillar to post for getting an appointment, the luxury shown by the petitioner cannot be given any indulgence by this Court who was issued an appointment letter but did not care to join.

I do not find any merit in this writ application.

I requested Dr. Sutanu Kumar Patra, learned advocate, who is appearing along with his junior Ms. Dube to take instructions from the School Service Commission at one point of time. But Mr.

Chattopadhyay, learned advocate appearing for the State has raised vehement objection stating that for these three years the students of the School has suffered which I find is fully correct. Dr. Patra has also supported him.

Such objections cannot be brushed aside.

This is a writ application which is required to be dismissed with costs but I am restraining myself from imposing costs but this writ application is dismissed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Abhijit Gangopadhyay, J.)