Bikash Chandra Pahan And ORS v. State Of West Bengal And ORS.

13.07.2021 (S/L-16) Ct.-17 (PJ) (Via Video Conference) W.P.A. 10870 of 2021 Bikash Chandra Pahan & ors.

-Vs- The State of West Bengal & ors.

Mr. Sudipta Dasgupta, ....... For the Petitioners.

Mr. Amal Kumar Datta, Mr. Kumar Jyoti Tewari, ... For the Union of India.

Mr. Bhaskar Prasad Vaisya, Mr. Arindam Chattopadhyay, ... For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey, ... For the SSC.

Mr. Souvik Nandy, ... For NCTE.

This writ application has been filed by three petitioners who have paid full Court fees against Entry No. A-6727 dated July 09, 2021.

The petitioners have relied upon paragraph 13 of the writ application which says that the published vacancy list for the concerned post in the ST Category is 317 but the petitioners even after called for verification, were not called for the interview.

The petitioners have pressed for prayer 'b' of the writ application which says that a writ of or in the nature of mandamus be issued

commanding the respondent authorities to call each one of the petitioners in the interview process while maintaining transparency in the entire selection procedure.

Learned advocate for the petitioners submitted that they are untrained candidates and they have aspiration to be called in the interview if after filling up the vacancy by the trained candidates there is any unfilled vacancies.

From the pleadings as referred hereinabove from the prayer 'b' and also from prayer 'g' which refers to one interview list published by the School Service Commission on June 21, 2021, I do not find any such pleading or prayer which can be considered by this Court in this writ application. Moreover, the petitioners in their prayer 'g ' has referred to an interview list which was published by the West Bengal School Service Commission on June 21, 2021 and thereafter the situation has changed a lot as the said Commission on July 8, 2021 has published a new interview list with break up of marks and reasons for non-inclusion of the candidates in the said interview list.

In the writ application there is no mention of the said subsequent event and it could not be

stated also as the writ application was affirmed on June 28, 2021.

Even then without any pleading and without any prayer, some new prayers have been made by making submissions from the bar which does not appear in the writ application.

For the reasons as aforesaid, the writ application being wholly frivolous is dismissed with costs of Rs. 2000/- to be paid by the petitioners to the High Court Legal Services Authority within a period of two weeks from date. The parties shall act in terms of the copy of the order downloaded from the official website of this court.

(Abhijit Gangopadhyay, J.)