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Calcutta High CourtWPA/26610/2023dismissed as withdrawn

Moumita Das v. State Of West Bengal And ORS.

2024-08-05Hon'Ble Justice Arindam Mukherjee2 pages

05.08.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.18 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 26610 of 2023 Moumita Das Vs.

The State of West Bengal & Ors.

Mr. Abdul Hamid Molla, Mr. Mukteswar Maity, Md. Abdul Halim, Mr. Narayan Das, Mr. Sk. Zafir, Ms. Nupur Chaudhuri ....for the petitioner.

Ms. Sangeeta Roy ....for the State.

Ms. Piyali Sengupta, Mr. Souvik Ghosh ....for P.S.C.

The petitioner has challenged the recruitment process to fill up the post of Supervisor (Female) in Integrated Child Development Scheme Examination 2019. The recruitment process is in respect of a civil post under the State, and as such, this Court lacks jurisdiction to receive, try and determine the writ petition in view of the provisions of Section 15(1)(a) of the Administrative Tribunals Act, 1985.

This issue has been considered in a judgment dated 17th November, 2023 by a Coordinate Bench of the Court in WPA 21973 of 2023.

In the aforesaid facts and circumstances, the writ petition is dismissed as withdrawn with liberty to file afresh on the self-same case, if otherwise eligible in law.

The time spent between 24th November, 2023 that is the date of filing of the writ petition and today (05.08.2024) shall be construed to have been spent in pursuing a proceeding in a bona fide manner before a court without having jurisdiction.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Arindam Mukherjee, J.)