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Calcutta High CourtWPA/10077/2025dismissed

Hiralal Mahato v. State Of West Bengal And ORS.

2025-06-11Hon'Ble Justice Saugata Bhattacharyya2 pages

11.06.2025 rkd Ct.18 W.P.A. 10077 of 2025 Hiralal Mahato -vsThe State of West Bengal & Ors.

Mr. Monaranjan Jana, Ms. Mitali Jana ....for the petitioner.

Mr. Himadri Sikhar Chakraborty, Ms. Susnita Saha ....for the State.

Mr. Sougta Mitra, Ms. Ankita Dey ....for the respondent no.5.

Mr. Nikhil Kumar Gupta, Ms. Soma Chakraborty ....for the respondent no.10.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

In the writ petition petitioner has questioned order dated 18th August, 2017 issued by the District Project Officer, Sarva Shiksha Mission, Purulia whereby District Project Officer did not find fault with the selection process for appointment of para teacher in Ladhurka High School, Purulia.

It is discussed in the order dated 18th August, 2017 by the District Project Officer that in the event first empanelled candidate would have been awarded six marks in consideration of his graduation degree instead of eight marks the total marks would have been twenty two and that could not change the panel

position which was prepared for appointment of para teacher in the aforesaid school.

It needs to be recorded herein that order was passed by the concerned District Project Officer on 18th August, 2017 and writ petition has been instituted on 1st May, 2025 which is precisely eight years after accrual of cause of action. In the meantime third party interest has been created and the selected para teacher is working in the aforesaid school.

It is trite law though there is no period of limitation in filing the writ petition but the same needs to be filed within reasonable period i.e. three years. Such consideration is germane in the backdrop of facts that panel has been given effect to and third interest has been created.

In view of aforesaid discussion, no relief can be granted to the petitioner.

The writ petition stands dismissed.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)