Santu Biswas And ANR. v. The State Of West Bengal And ORS.

20.06.2024 Item No.15 PG/KS Ct. No.1 W.P.A.(P) 178 of 2024 Santu Biswas & Anr.

Versus

The State of West Bengal & Ors.

Mr. Kamal Krishna Pathak Mr. Kaustav Seal ...........for the Petitioners Mr. Atarup Banerjee Mr. Partha Chakraborty .....for the Union of India Mr. Kishore Dutta, Ld. Adv. General Mr. Lalit Mohan Mahato Mr. Supratim Dhar .....for the State

1. The petitioner by way of filing this public interest litigation seeks to take appropriate further steps against the persons, who have obtained fake caste certificates, which have been cancelled. Since, those persons, who have obtained those fake caste certificates, which had been cancelled had not been made a party/respondent in this writ petition, such a positive direction cannot be issued at this stage of the matter.

2. Therefore, we are of the view that the petitioner should approach the concerned authorities and specify the names of the persons, whose caste certificates have been cancelled and pray for further action against those persons, since, it is alleged that some of them have also obtained nursing degree by securing admission to the

course based on a fake certificate. Further, based on the degree obtained by them, they have also secured Government employment.

3. In the light of the above, the writ petition stands disposed of by directing the petitioner to submit a detailed representation giving all details of the concerned persons, whose certificates have been cancelled and make appropriate prayer before the concerned authority of the State Government so as to enable the authority to take action in accordance with law.

4. The concerned authority of the State Government shall take appropriate action after notice to all concerned within a period of three months from the date on which such representation is submitted.

5. With the above observation, writ petition stands disposed of.

6. No costs.

7. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)