Debashis Kumar Bera v. State & ORS

27.08.2025 Item No.22,DL Ct.23 A.J.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 22254 of 2009 Debashis Kumar Bera -Vs- The State of West Bengal & Ors.

11. In this writ application the petitioner has sought orders upon the respondents to permit the petitioner to appear for Selection Test/Interview for recruitment of the Assistant Primary School Teachers in the district of 24-Parganas (South) which was to be held on 20th December, 2009.

2.

The petitioner was a sponsored candidate by the Employment Exchange in 2006. However, he did not receive any call letter.

3.

The Government of West Bengal, Labour Department, Employment Cell issued an order No. 163-Emp dated 18th May, 2009, the relevant part whereof is set out hereinbelow :- "NOW THEREFORE, it is hereby ordered that the Employment Exchange Registrations of all enrolled candidates whose names were sponsored by the Employment Exchanges for vacancies of Primary Teachers under different District Primary School Councils of this State till the date of issue of this order may be deemed to be considered valid for the purpose of Statewide recruitment to the posts of Primary Teachers now being undertaken."

4.

Considering the Order No. 163-Emp dated 18th May, 2009, the then Single Bench of this Court found prima facie case and directed if the petitioner comes within the zone of consideration having regard the marks obtained by him, the petitioner shall be allowed to participate in the selection test/interview. However, it was also clarified by the Bench that no equity shall be claimed by reason of participation in the Selection Test in pursuance of this interim order.

5.

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

6.

From the record it appears that no affidavit-inopposition and reply have been filed by the parties despite direction vide order dated 18th December, 2009.

7.

Considering the long pendency of this writ petition, this Court finds that the instant writ petition has become infructuous.

8.

Accordingly, WPA 22254 of 2009 is dismissed without any order as to costs.

9.

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

10.

Interim order, if any, stands vacated.

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

12.

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

(Ajay Kumar Gupta, J.)