Rezaul Khair And ORS. v. State Of West Bengal And ORS.
18.11.2024 Court No. 18 Item No. 118 (ML) (Suvendu) WPA 21620 of 2023 Rezaul Khair & Ors.
-Versus- The State of West Bengal & Ors.
Mr. Anindya Bose Mr. Santanu Maji Mr. Mridul Biswas ........for the petitioner Mr. Nirmalya Biswas Mr. Nilay Baran Mandal ........for the State Mr. Prasenjit Mukherjee Ms. Madhurima Sarkar Mr. Nirmalya Kr. Das ...for the Commission Affidavit of service filed on behalf of the petitioners is taken on record.
Matter relates to selection process namely 6th SLST, 2013 conducted by the West Bengal Madrasah Service Commission for appointment of Assistant Teachers in Madrasahs.
It has been contended on behalf of the petitioners that petitioners have participated in the aforesaid selection process with teacher training qualification but in spite of possessing qualification they were not given preference while giving appointment. In support of such
contention, reliance is placed on order of a Coordinate Bench dated 14th June, 2022 passed on a writ petition being WPA 10450 of 2019 (Akmol Hossain & Ors. Vs. The State of West Bengal & Ors.). It is submitted on behalf of the petitioners that since in Akmol Hossain (supra) the concerned authority of West Bengal Madrasah Service Commission was directed to give preference to the petitioners in that writ petition since they were having teacher training qualification petitioners in the present case entitled to get same treatment in the matter of appointment in the post of Assistant Teacher in connection with 6th SLST, 2013.
Learned advocate representing the West Bengal Madrasah Service Commission submits that aforesaid selection process was complete long back, a panel was prepared on concluding the selection process on 30th June, 2018 and panel expired on 30th June, 2019 whereas present petition was filed on 4th September, 2023. According to the Commission, present writ petition is not maintainable since same was filed much after expiry of the panel.
Having considered the submissions made on behalf of the parties and taking note of the materials available on record, it transpires that
though petitioner appeared in 6th SLST, 2013 but they approached the Court in the present case on 4th September, which is approximately four years after expiry of the panel. Panel prepared in connection with the aforesaid selection process expired on 30th June, 2019. Though reliance is placed on the order passed on Akmol Hossain (supra) but petitioners are not entitled to get benefit of the ratio of Akmol Hossain (supra) since that writ petition was filed on 14th June, 2019 that is prior to expiry of the panel. In the present case, it appears that petitioners are fence sitters. They filed the writ petition four years after the expiry of panel. It is trite law that after expiry of panel candidate loses right to agitate his grievance in connection with a particular selection process. Hence, the writ petition stands dismissed.
There shall be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)