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Calcutta High CourtWP.ST/165/2025dismissed

Sourav Dey v. The State Of West Bengal And ORS.

2025-11-12Hon'Ble Justice Madhuresh Prasad,Hon'Ble Justice Prasenjit Biswas3 pages

12.11.2025 (D/L-20) Ct. No.4 (B.K.N.) W.P.S.T. 165 of 2025 Sri Sourav Dey Vs.

The State of West Bengal & Ors.

Mr. Md. Shahjahan Hossain, Mr. Supriyo Das, Mr. Souvik Shaw ...for the Petitioner Mr. Amal Kr. Sen, Ld. AAG ...for the State

1. Heard learned advocate for the writ petitioner and the learned AAG.

2. The petitioner participated in a recruitment process and was provisionally selected for the post of Constable in the West Bengal Police for the year 2018. During police verification an issue has arisen casting a doubt on his citizenship. The authorities, therefore, as per averments made in the reply filed by the respondent in the Tribunal requested the petitioner to clarify the issue with reference to certain documents regarding his parents/grandparents, to which the petitioner did not respond. On 22.09.2022 a communication was sent by the Special Secretary to the Government of West Bengal in the Home and Hill Affairs Department requesting the petitioner to submit evidence of residential status of his parents or grandparents prior to 25.03.1971.

Even this

communication has not been responded to by the petitioner and he has moved the West Bengal Administrative Tribunal by filing O.A. No. 484 of 2023 seeking quashing of this letter. The Tribunal has rejected the Original Application on the ground that this was not a stage for interfering with the communication dated 22.09.2022 as the same merely required the petitioner to submit evidence in support of his residential status in view of the doubt which arose in the course of verification. While the petitioner's Original Application was pending the authorities proceeded to cancel his candidature by a communication dated 11.08.2023.

The matter remained pending before the Tribunal for nearly two years thereafter. The petitioner, however, did not assail the cancellation of his candidature which was done during pendency of the proceeding in the Tribunal. The cancellation order dated 11.08.2023 has never been put to challenge.

3. In view of the above noted facts and circumstances there is no occasion for this Court to exercise its extraordinary discretionary jurisdiction to interfere with the order of the Tribunal dated 19.06.2025 passed in O.A. No. 484 of 2023.

4. The writ petition is dismissed.

5. The learned advocate submits that he will be assailing the order dated 11.08.2023. Without

expressing any opinion on the merits of such submission we leave it open to the petitioner to avail remedies in accordance with law.

6. Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)