← Library
Calcutta High CourtWPA/16722/2025dismissed

Payel Halder And ORS v. State Of West Bengal And ORS.

2025-08-11Hon'Ble Justice Aniruddha Roy2 pages

11.08.2025 Court No. 2 D.Hira In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 16722 of 2025 Payel Halder & Ors.

Vs.

State of West Bengal & Ors.

Mr. Souma Bhattacharya, Mr. Atanu Bhattacharya, Ms. Rupsha Ganguly.

... for the petitioners Ms. Sanghamitra Nandi, Mr. Tapas Kumar Dey.

... for the State Mr. Souma Bhattacharya, learned counsel appears for the petitioners.

Ms. Sanghamitra Nandi, learned counsel appears for the State The petitioners were the aspirants for the post of Anganwadi Workers and Helpers. The selection process was announced by the State Authority. The selection process was carried out up to a stage.

The petitioners claim to have been empanelled and thereafter, by notice dated July 25, 2024 Annexure P -3 at page 25 to the writ petition the entire panel was struck down by the State. The writ petitioners seek to enforce their right of employment since they had been empanelled. Ms. Sanghamitra Nandi, learned counsel appearing for the State submits that the petitioners have no right or locus to file and maintain this writ petition.

She further submits that the cancellation of the panel took place on July 25, 2024 and the writ petition was filed on or about July 18, 2025. According to her, this is a grossly belated writ petition and should not be entertained since after cancellation of the panel.

After considering the rival contentions of the parties and on perusal of the materials on record at the threshold, this Court reiterates the settled law that mere empanelment does not create a right in favour of the empanelled candidates so long, the appointment is not granted. The panel has already been cancelled.

The reasons are best known to the appropriate State Authority. It is the discretion of the State Authority to come to a reasonable conclusion in respect of the panel or not. Completion of a panel and appointment thereunder cannot be claimed as of right.

Thus, this Court is of the considered view that the petitioners have no right to file this writ petition. Moreover, the writ petition is a grossly belated writ petition.

In view of the foregoing reasons and discussions, this writ petition WPA 16722 of 2025 stands dismissed, without any order as to costs.

This order of dismissal shall not preclude the petitioners to participate in the future selection process, if any, if the petitioners are found otherwise eligible to participate thereunder strictly in accordance with law. (Aniruddha Roy, J.)