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Calcutta High CourtWPA/16747/2023disposed

Biswajit Das v. State Of West Bengal And ORS.

2024-04-01Hon'Ble Justice Biswajit Basu2 pages

01.04.2024 Item No.30 Court No.18 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 16747 of 2023 Biswajit Das -Vs- The State of West Bengal & Ors.

Mr. Tulsi Das Ray, Mr. Tirthankar Roy.

......for the petitioner.

Mr. Bhaskar Prasad Vaisya, A.G.P., Mr. Suman Dey.

......for the State.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner is claiming to be the no.1 candidate in the panel prepared in the year 2006 by the Managing Committee of Taherpur Lal Bahadur Shastri Vidyapith (H.S.) to fill up the vacancy of the post of Clerk in the said school.

The petitioner alleging delay in appointment, filed a writ petition being WPA No. 18612 of 2006.

A co-ordinate Bench of this Court by the order dated December 17, 2019 had disposed of the said writ petition by directing the District Inspector of Schools (S.E.), District: Nadia, the respondent no.3 herein to consider the said prayer of the petitioner.

The said respondent by the order dated August 26, 2022 had disposed of the said direction holding that the

prayer of the petitioner could not be considered for nonavailability of the relevant papers. However, it appears from the record that the Additional District Inspector of Schools, Ranaghat, SubDivision Nadia, the respondent no.4 herein, though has considered the aforementioned order dated August 26, 2022 but has written to the respondent no. 3 vide his letter bearing Memo No.258/G/RS dated November 02, 2022 that steps may be taken to search for the missing records at the Office of the respondent no.3 or decision may be taken with the help of available photocopy of the missing documents. The petitioner is complaining delay in taking steps as suggested by the respondent no. 4.

The respondent no.4 is directed to take suitable steps as suggested by him in his letter dated November 02, 2022. WPA 16747 of 2023 is disposed of with the above terms without any order as to costs.

It is made clear that since no affidavit has been invited, the allegations made in the said writ petition are deemed to have been denied by the respondents. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)