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Calcutta High CourtWPA/16682/2024dismissed

Md. Robiul Islam And ORS. v. The State Of West Bengal And ORS.

2024-07-26Hon'Ble Justice Amrita Sinha2 pages

Item No.47 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side 26.07.2024 Ct-14 AGM WPA 16682 of 2024 Md. Robiul Islam & Ors.

v.

The State of West Bengal & Ors.

Mr. Ashim Banerjee.

Mr. Bholanath Pramanick.

... for the petitioners.

Mr. Md. Sarwar Jahan.

Sk. Neyeemul Haque.

... for the DPSC Murshidabad.

The petitioners claim to be successful candidates in the recruitment process for appointment of primary teachers in the district of Murshisdbad initiated in the year 2010.

The petitioners submit that there were many vacancies because of non-joining of the empanelled candidates. They pray for consideration of their case for giving appointment in those vacancies. Representation was filed by the petitioners in April 2024.

From the submission made on behalf of the petitioners, it appears that the recruitment process was of the year 2010. Learned advocate representing the Council submits, upon instruction that, the appointments were given in the year 2013-14. There is nothing on record to suggest that the petitioners were successful in the selection process and were empanelled. Assuming that the petitioners were successful even then they cannot claim appointment as the panel in

question was valid only for a period of one year. The petitioners neither prayed for their appointment nor approached this Court earlier.

The petitioners, at such delayed point of time, cannot claim to be appointed in the vacancies which, allegedly, arose in the year 2014. The vacancies, if any, have certainly been carried forward in the subsequent recruitment processes and the petitioners cannot claim to be appointed in those vacancies at this stage. The writ petition is devoid of any merits and it, accordingly, fails.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)