Asto Kumar Mondal v. The State Of West Bengal And ORS.
Form No. J(2)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
Present:
The Hon'ble Justice Saugata Bhattacharyya W.P.A. 11019 of 2025 Asto Kumar Mondal -vsThe State of West Bengal & Ors.
For the Petitioner : Ms. Biyanka Bhattacharya For the State : Mr. Saikat Chatterjee, Mr. Sanjay Mukherjee For the DPSC, Howrah : Mr. Ratul Biswas, Mr. Kaushik Chowdhury Hearing concluded on : 01.07.2025 Judgment on: 01.07.2025 Saugata Bhattacharyya , J .:
1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
2.
Petitioner has prayed for consideration of his candidature in connection with his participation in
2009 Selection Process for recruitment in the post of Primary Teacher in Howrah.
3.
It is submitted by the learned advocate representing the petitioner that if posts are lying vacant candidature of the petitioner should be considered at this stage since other similarly circumstanced candidates were given appointment after expiry of the panel.
4.
It is submitted by learned advocate representing the Howrah District Primary School Council that in connection with Selection Process of 2009 panel was prepared in 2014 and same expired in 2015. However, some writ petitions were pending which were decided by a coordinate Bench vide order dated 9th April, 2024 directing the District Primary School Council, Howrah to offer appointment letters to those petitioners who filed writ petitions on or before 31st March, 2024. A batch of writ petitions were disposed of vide order dated 9th April, 2024 by the coordinate Bench first one being WPA 3268 of 2015 (Sourav Naskar & Ors. v. The State of West Bengal & Ors.).
5.
In paragraph 19 of the said order dated 9th April, 2024, it was specifically observed that order was passed in
very special facts and circumstances and it shall not be treated or cited as precedent in any writ petition filed after 31st March, 2024. It was also clarified in paragraph 19 that no further writ petition after 31st March, 2024 shall be entertained in respect of said recruitment process of 2009 initiated by District Primary School Council, Howrah.
6.
Having considered the submissions made on behalf of the parties and taking note of the observations made by the coordinate Bench in the order dated 9th April, 2024 it appears that cut-off date was fixed on 31st March, 2024 within which candidate was required to approach the Court by filing writ petition. There is nothing on record which goes to show that the order dated 9th April, 2024 was interfered with by higher legal forum. Therefore, this Court is required to pass order in the present matter considering the cut-off date fixed by the coordinate Bench in the order dated 9th April, 2024. 7.
In the present case at my hand writ petition was filed on 15th May, 2025 which is long after cut-off date i.e. 31st March, 2024. Hence, at this belated stage, no relief can be granted to the petitioner.
8.
The writ petition stands dismissed.
9.
However, there shall be no order as to costs. 10.
Urgent photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 12/Ct.18 rkd