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Calcutta High CourtWPA/18693/2021dismissed

Rinku Mukherjee v. State Of West Bengal And ORS.

2021-12-13Hon'Ble Justice Moushumi Bhattacharya3 pages

Ct. 05 Item No.47 13.12.2021 (suvendu) WPA 18693 of 2021 [Via Video Conference] Rinku Mukherjee Vs.

The State of West Bengal & Ors.

Mr. Bhudeb Chatterjee Mr. Rajendra Banerjee ............for the petitioner Mr Supriyo Chattopadhyay Mr. Suman Dey ..........for the State The writ petitioner works as a Laboratory Attendant in the concerned College and has been in that position since 2005. The petitioner seeks that her employment be made permanent and prays for cancellation of a notification for walk-ininterview for Group -D posts and for a direction on the respondents to absorb the petitioner into one of the two vacant posts as advertised by the concerned College. Counsel relies on a minutes of the meeting of the Governing Body of the College held on 29th September, 2011 by which the Governing Body resolved that the application of

the petitioner for permanent assignment may be considered when the post is vacant.

The State is represented and learned counsel for the State points to the nature of the advertisement published by the College.

It appears from the documents of service that the concerned College has refused the same. Affidavit of service should be filed in course of the day.

Upon considering the submissions, it is evident that the advertisement published by the College for walk-in-interview relates to two Group -D posts of Library Peon and Laboratory Attendant but for the Scheduled Caste candidates. The petitioner is admittedly a general category candidate. There is no other document to show that the concerned College has published vacancy for the General Candidate for the posts of Laboratory Attendant where the petitioner is presently working.

Hence, the petitioner cannot claim to be appointed or for cancellation of the advertisement. The advertisement in any event undated and there is no indication as to when such advertisement is published by the College.

In view of the above, this Court finds no merit in the present writ petition which is

accordingly dismissed without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)