Subhankar Das v. State Of West Bengal And ORS.

20.09.2022 (PP) Ct 21

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 20315 of 2022 Subhankar Das Vs.

State of West Bengal & Ors.

Mr. Nirmal Roy, Ms. Shikha P. Chowdhury .... For the petitioner.

Mr. Raja Saha, Ms. Piyali Sengupta ... For the State.

Affidavit of service filed in Court today be retained with the records.

The writ petitioner's grievance in the writ petition is that even though he has been working as a Civil Defence Volunteer since 2020 pursuant to the deployment of such volunteers by office memos issued by the Block Development Officer from time to time, he was not able to apply within time for training under the Apada Mitra Scheme that was advertised by a notice dated June 2, 2022 by the District Magistrate & Controller of Civil Defence, Paschim Medinipur. The last date for receiving such application was June 17, 2022. As per the training schedule the training of 3rd Batch of people is still continuing and the training for the 4th Batch is scheduled to be held from October 11, 2022 to October 22, 2022. Ms. Chowdhury, learned counsel, appearing on

behalf of the petitioner submits that despite his representation to the respondent no.3/Controller of Civil Defence, Murshidabad his prayer for being included in the training programme was not considered. In the said representation, the writ petitioner has stated that he became aware of the said training programme after the last date of applying for the same.

It is submitted on behalf of the writ petitioner that he became aware of such training programme on August 1, 2022 when the list of people selected for such training was published. The representations have been also made before the Block Development Officer.

Mr. Saha, learned counsel, appearing on behalf of the State/respondents submits that an application should have been made within the time stipulated in the notice dated June 2, 2022.

Having considered the rival submissions of the parties and materials placed on record, this Court directs the respondent no.3 to consider the representation of the writ petitioner dated August 5, 2022, especially in the light of the fact that the training programme of the 3rd Batch is still continuing and the 4th Batch is to begin from October 11, 2022.

The said representation is directed to be disposed of within two weeks from date upon a personal hearing

being to the writ petitioner.

Since no affidavits have been invited to the writ petition, the allegations contained in the writ petition be deemed not to have been admitted by the parties. With the direction aforesaid, the writ petition, being WPA 20315 of 2022, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Lapita Banerji, J.)