Arpita Ghosh v. State Of West Bengal And ORS.

11.10.2023 SL No.20 Court No.8 (gc) MAT 1717 of 2023 CAN 1 of 2023 Arpita Ghosh Vs.

The State of West Bengal & Ors.

Mr. Rajat Dutta, ...for the Appellant.

Mr. Pulak Ranjan Mandal, Ms. Bandana Mandal, ...for the W.B. College Service Commission/Respondent Nos.2 to 4.

Md. Sarwar Jahan, Mr. Shahzad Noor Thander, ...for the Respondent No.5.

1. In view of the fact that the College in question has declared a vacancy under the Scheduled Caste category and having regard to the fact that the relevant advertisement authorized the College Service Commission to notify number and the category of vacancies before the publication of the panel and in view of specific steps taken by the College Service Commission that though the panel and the vacancy position was published on the same date, the vacancy position had been notified before the publication of the panel, we do not find any reason to interfere with the order passed by the learned Single Judge.

2. In any event, the petitioner could not have been considered for the said post in the College as she is a general candidate.

3. Accordingly, the appeal and the application stand dismissed.

4. However, there shall be no order as to costs.

5. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Uday Kumar, J.) (Soumen Sen, J.)