Mousumi Bera Maity And ORS v. State Of West Bengal And ORS.

02.04.2025 Court No.13 Item No.14 AP RVW 212 of 2024 With CAN 1 of 2024 Mousumi Bera (Maity) and Ors.

Vs.

State of West Bengal and Ors.

Mr. Sourav Prasanna Mukherjee ...For the Petitioners.

Mr. Santanu Kumar Mitra Mr. Subhabrata Das ...For the State.

Mr. Saikat Banerjee, Senior Advocate Mr. Ratul Biswas Mr. Kaushik Chowdhury ...For the WBBPE.

1.

Review is sought of this Court's order dated 25th June, 2024 that corrected an earlier order dated 29th April, 2024. By the said order, this Court referred to a decision of the Hon'ble Supreme Court passed on 9th May, 2024 in Ali Hossain Mandal and Ors. Vs. West Bengal Board of Primary Education and Ors.

reported in 2024 SCC OnLine SC 1189 and held that no applicant shall be entitled to claim any rights in respect of the recruitment process of the year 2020 of the West Bengal Board of Primary Education.

2.

The cause of action of the petitioners, therefore, stand extinguished by reason as on the date of filing of WPA 8625 of 2024.

3.

Learned counsel for the review applicant submits that WPA 8625 of 2024 was a continuation of WPA 2784 of 2022 in which certain favourable orders have been passed. It is further submitted that out of 19 candidates, who filed similar writ petitions in the year 2022 along with the writ petitioner, 12 persons have been appointed.

4.

In these circumstances, this Court is of the view that the remedy of the petitioners lies in seeking clarification from the Hon'ble Supreme Court as regards the applicability as to whether they are covered by any benefit or fall under any disability specified in the aforesaid decision of Ali Hossain Mandal (supra).

5.

With the aforesaid observation, RVW 212 of 2024 is disposed of.

6.

In view of the disposal of the review application, connected pending application, if any, is also disposed of.

7.

Affidavit-in-replay filed on behalf of the petitioners is taken on record.

8.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)