Malda Education Guid Society v. Union Of India And ORS.

06.05.2022 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 12484 of 2021 Malda Education Guide Society Vs.

Union of India & Ors.

Mr. Sudip Ghosh Chowdhury ... For the petitioner Mr. Raja Saha Ms. Rupsha Chakraborty ... For the State The petitioner says that the petitioner was issued a work order by Paschim Banga Society for Skill Development (in short, "PBSSD") Technical Education, Training & Skill Development Department, Government of West Bengal for SMART Accreditation for training under PMKVY-CSSM scheme. The petitioner says that he has successfully completed the work assigned under the work order dated 21st January, 2019, but the payments in terms of such work orders have not been released. The petitioner's claim arises out of a contract between the petitioner and PBSSD. Ordinarily, the writ petition is not entertained for enforcement of a contractual relationship that too involving monetary claim. However, relegating the petitioner to a civil suit at this stage will be harsh. The State Government had engaged the petitioner and has derived benefit out of the work done by the petitioner.

Keeping in mind that there may be dispute between the parties, which cannot be gone into in writ jurisdiction, I direct the respondent no.5, being the Project Director, Department of Technical Education, Training and Skill Development, to consider and dispose of the petitioner's representation dated 22nd December, 2021 after affording the petitioner a reasonable opportunity of hearing and by passing a reasoned order. The reasoned order so passed shall be communicated to the petitioner within ten days from the date of passing of the same. It is made clear that consideration of the monetary claims of the petitioner in terms of this order shall not revive the limitation in respect of the petitioner's claim, if the claims are already barred by limitation or allowing enforcement of a contractual obligation by an unregistered partnership.

The petitioner shall serve a server copy of this order on all the respondents. By way of an abundant caution, the petitioner shall serve a copy of the writ petition with all annexures to the respondent no.5. The parties, including the respondent no.5, shall act on the basis of the server copy of this order without insisting upon production of certified copy thereof. Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)