Sandip Chakravarti And ORS. v. State Of West Bengal And ORS.

12.11.2024 Court No. 18 Item No. 06 (Suvendu) WPA 24394 of 2024 Sandip Chakravarti & Ors.

-VersusThe State of West Bengal & Ors.

Mr. Sudipta Dasgupta Mr. Saikat Sutradhar ...for the petitioners Mr. Santanu Kumar Mitra Mr. Subhabrata Das .......for the State Dr. Sutanu Kumar Patra Ms. Supriya Dubey .....for the WBCSSC Affidavit of service filed on behalf of the petitioners is taken on record.

By presenting this writ petition petitioners being qualified candidates are praying for initiation of selection process for appointment of Assistant Teachers in Classes IX, X, XI and XII in secondary and higher secondary schools in terms of notice dated 5th May, 2022 issued by the Secretary, West Bengal Central School Service Commission. According to learned advocate representing the petitioners, since

notice has been issued on 5th May, 2022 authorities are bound to publish advertisement and initiate selection procedure. Prayer is made for issuance of mandamus directing the concerned respondent authorities to take steps in terms of notice dated 5th May, 2022.

Respondents are represented by learned advocates.

On behalf of West Bengal Central School Service Commission prayer of the petitioners has been opposed on the ground that writ petition is premature. It is also submitted that at present the Commission is not in a position to take steps based on notice dated 5th May, 2022 since the issue relating selection process for appointment of Assistant Teachers in Classes IX, X, XI and XII namely 1st SLST, 2016 (Classes IX, X, XI and XII) is not concluded and the issue is presently pending before the Hon'ble Supreme Court for consideration. It is also submitted that unless fate of said selection process is decided the Commission may not be in a position to initiate selection process afresh for filling up the posts of Assistant Teachers in secondary and higher secondary schools (Classes IX, X, XI and XII).

Having considered respective submissions made on behalf of the parties, this Court finds substance in the submission made on behalf of the Commission. Furthermore, it completely depends on the decision of State respondents including West Bengal Central School Service Commission as to when and what manner they are to initiate selection process for filling up the posts of Assistant Teachers in Classes IX, X, XI and XII. It is true that a notice was issued on 5th May, 2022 but if no steps have been taken in terms of the said notice dated 5th May, 2022 mandamus cannot be issued directing the authorities to give effect to the said notice by initiating selection process.

Hence, the writ petition is 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.)