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Calcutta High CourtWPA/13351/2023dismissed

Nazira Khatun v. State Of West Bengal And ORS.

2024-06-10Hon'Ble Justice Aniruddha Roy2 pages

10.06.2024 Ct. No. 2 Sl. No. 52 tbsr WPA 13351 of 2023 Nazira Khatun Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity Ms. Manika Sarkar .....for the Petitioner Mr. Ansar Mondal Mr. Raja Ram Banerjee ....for the State Affidavit of service filed in court today, is taken on record.

Mr. Mukteswar Maity, learned advocate appearing for the petitioner submits that the petitioner was an aspirant in a selection process for appointment of Asha Karmi at the concerned Panchayat. The selection process was initiated and concluded in 2013 itself. The learned counsel submits that till today no appointment has been made and no further information is available with the petitioner. The petitioner submitted representation dated April 3, 2023 Annexure P-3 at page 17 to the writ petition. He submits that the same has not yet received the attention of the Panchayat authority.

Hence, this writ petition.

Mr. Ansar Mondal, learned Additional Government Pleader appears for respondent nos. 1, 2, 4 & 5.

After considering the submissions and upon perusal of the materials on record it appears to this Court that the selection process in question was of 2013 and the representation submitted on April 3, 2023, around after10 years.

This constitutional court in exercise of its authority under Article 226 of the Constitution of India also exercises equitable jurisdiction. The law is well settled that delay defeats equity. This Court is of the firm view that this is not a fit and proper case where this constitutional court shall intervene.

For those reasons, this writ petition WPA 13351 of 2023 stands dismissed without any order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. (Aniruddha Roy, J.)