Saheluzzaman v. State Of West Bengal And ORS.

20.05.2025 Court No. 18 Item No. 1447 (Suvendu) WPA 26488 of 2023 Saheluzzaman -Versus- The State of West Bengal & Ors.

Mr. Asim Banerjee Ms. Mrinmoyee Roy Chowdhury ........for the petitioner Md. Sarwar Jahan Sk. Nayeemul Haque ......for the DPSC, Murshidabad Matter relates to recruitment of candidates for appointment in the post of primary teachers in connection with 2nd Phase Selection Process, 2009-2010. Petitioner was Exempted Category candidates (Unreserved normal).

Today by filing a report dated 13th March, Chairman, District Primary School Council, Murshidabad has disclosed that petitioner obtained 15.3066 marks whereas last empanelled candidate under the category of petitioner obtained 15.7232 marks. Therefore, it appears that petitioner did not come within the zone of consideration based on total marks allotted to him.

Report filed today is taken on record and a copy of same is made over to learned advocate for the petitioner.

There is another aspect which does not escape notice of this Court that panel was prepared in 2010 for recruitment of primary teachers and panel had life for a period of two years in the event after expiry of first year extension of life of panel was made. Present writ petition was instituted on 23rd November, 2023 which is long after expiry of the panel.

It is decided by the Hon'ble Supreme Court that right of a candidate to question the panel remains till validity of panel and after expiry of the panel candidate looses right to question validity of said panel.

Reliance is placed on the judgments of the Hon'ble Supreme Court reported in (1996) 9 SCC 309 (State of Uttar Pradesh & Ors. Vs.

Harish Chandra & Ors.) and (2009) 2 SCC 706 (Girdhar Kumar Dadhich & Anr. Vs. State of Rajasthan & Ors.).

Hence, no relief can be granted to the petitioner at this belated stage and 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.)