Nitai Karmakar & ANR v. State Of West Bengal & ORS

(P.A.-RB) 16.12.2021 WPA 11196 of 2016 Nitai Karmakar & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Jaharlal De, Mr. Shamim ul Bari ... ... for the State Respondent By this public interest petition, the petitioners have prayed for a direction to the respondents to appoint administrator in Tarikullah Sarkar High School, Village & Post Office - Katna, District - Malda.

Petitioner No. 1 was a member of the Managing Committee of the school. Petitioner No. 2 is the guardian of one of the Class XI student. They had filed the petition with the plea that the term of the Managing Committee was over on 31st October, 2011 but new Managing Committee was not constituted. An allegation was made that the old committee was interested in continuing and inspite of the order of the Joint Secretary dated 26th December, 2014 appointing nominees as President and Members of the new Managing Committee, the Committee was not constituted. Hence, this petition was filed in the year 2016.

More than five years have passed after filing of the petition and meanwhile, circumstances may have changed. No one is present for the petitioners, therefore, it is not known if the petitioners' grievance is still surviving. Learned Counsel for the State has clearly

stated that if the petitioners have any grievance, then they can approach the competent authority. That apart, it is also noticed that for the personal grievance of the petitioners, the public interest petition cannot be entertained. Even otherwise, no one has come forward to prosecute this petition.

Hence, the petition is dismissed, however with liberty to the petitioners to approach the competent authority by way of appropriate representation if the grievance of the petitioners is still surviving. (Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)