Subrata Maiti v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 15238 of 2022 Subrata Maiti VS The State of West Bengal & Ors.

Mr. Ali Ahsan Alamgir Ms. Rabia Khatoon ..... for the petitioner Mr. BHaskar Prasad Vaisya Mr. Sagnik Chatterjee ...... for the State Mr. Prosenjit Mukherjee Ms. Madhurima Sarkar .... For Madrasah Service Commission Affidavit of service filed in Court today, is Court No. 22 07.9.2022 (Item No. 37) (AB) taken on record.

The petitioner appeared in the examination for the selection process for becoming a Teacher in the Sixth State Level Selection Test - Teachers Eligibility Test (TET) 2013 (6th SLST) for Work Education Teacher.

The grievance of the petitioner is that, he sought certain informations under the provisions of the Right to Information Act, 2005 from the statutory authority mentioned thereunder, Annexure P-2 to the writ petition. The informations were not furnished. Being aggrieved thereby the petitioner preferred the statutory appeal under Section 19(1) of the said Act of 2005, Annexure P-3 to the writ petition. The appeal is also pending.

The petitioner filed this writ petition seeking necessary direction for disposal of the said statutory appeal.

Mr. Bhaskar Prasad Vaisya, learned counsel appears for the State.

Mr. |Prosenjit Mukherjee, learned counsel appears for the respondent Nos. 2, 3 and 4.

Considering the submissions recorded above and on perusal of the materials on record, this Court is of the considered view that, the petitioner must get a redressal on his statutory appeal filed under Section 19(1) of the Right to Information Act, 2005, Annexure P-3 to the writ petition.

Accordingly, the third respondent being the Jurisdictional Appellate Authority is directed to consider and dispose of the said appeal of the petitioner being Annexure P-3 to the writ petition as expeditiously as possible and positively within a period of six weeks from the date of communication of this order after issuing at least seven days prior hearing notice upon the petitioner and after giving an opportunity of hearing to the writ petitioner and the other necessary parties thereto and then the third respondent shall pass his reasoned order disposing of such appeal. The third respondent shall communicate the said reasoned order to the petitioner within a further period of two weeks from the date of the said reasoned order to be passed.

On the above terms, this writ petition being WPA 15238 of 2022 stands disposed of.

There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)