Tapas Kumar Adhikari v. State & ORS

S/L 11 27.08.2025 Court No.23 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 19656 of 2009 Tapas Kumar Adhikari Vs.

The State of West Bengal & Ors.

1.

The petitioner approached this Court by filing this instant writ petition seeking direction upon the respondents to recall, rescind, cancel or withdraw the panel for the post of Additional Para Teacher in Bengali for Nonadanga Ozifa Vidya Pratishan (H.S.), Murshidabad.

2.

None appears on behalf of either of the parties. No accommodation is sought for.

3.

This instant writ petition is pending since 2009 almost 16 years have been elapsed.

4.

Considering the nature of the prayer and long pendency of this case, this Court seems this matter should be disposed of on merit on the basis of materials available on the records.

5.

It is contention of the petitioner that petitioner had applied for the post of Additional Para Teacher in the school and after verifying all the relevant documents, accepted his application. The petitioner obtained highest mark in the examination and he had expectation to select as a top candidate in the panel,

but somehow under influence of some person in the locality, the respondent authority is trying to give appointment to some other candidate who is not the resident of concerned Gram Panchayat though, as per advertisement, the persons who are residing at the concerned Gram Panchayat, where the school is situated are only entitled to be considered for the appointment as Para Teachers of the said school. 6.

Considering the case of the parties, the authority found the candidature of Md. Monirul Islam is genuine and the objections made by the petitioner are quite baseless. No relief can be granted to the petitioner and, thus, the matter is disposed of and informed all concern.

7.

From perusal of the annexures with the writ petition particularly Annexure-P/6, it reveals in pursuant to the order dated November 14, 2008 passed by this High Court in WP No. 3888(W) of 2007 (Tapas Kumar Adhikari vs. the State of West Bengal & Ors.), the District Project Officer, SSM, Murshidabad after hearing all the parties and verifying all the submitted documents especially voter list of 2006 of 66, Khargram (SC) Assembly Constituency bearing Part No. 45 and Sl. No. 102 and the residential certificate issued by Block Development Officer, Khargram Development Block bearing Sl. No. 1493 dated November 10, 2008 and Sl. No. 1282 dated

August 18, 2008, clearly indicating that Md. Monirul Islam was a bona fide resident of Jhilli Gram Panchayat at the time of submission of his application which was challenged by the petitioner herein. 8.

Considering the facts and circumstances and the reasoning given by the District Project Officer in the impugned order dated November 14, 2008, this Court does not find any sufficient ground to interfere as the order has been passed after affording ample opportunity of hearing to the petitioner and the same is decided on merits.

9.

Therefore, this Court does not find any reason to interfere or call for any interference with the impugned order.

10.

Accordingly, WPA 19656 of 2009 is dismissed without any order as to costs.

11.

Connected applications, if any, are also, thus, disposed of.

12.

Interim order, if any, also stands vacated.

13.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

14.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Ajay Kumar Gupta, J.)