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Calcutta High CourtWPA/27562/2023dismissed

Sumanta Naya v. State Of West Bengal And ORS.

2024-05-06Hon'Ble Justice Rajasekhar Mantha2 pages

06-05-2024 ct no. 13 Sl. 42 sp WPA 27562 of 2023 Sumanta Naya -VersusThe State of West Bengal & Ors.

Mr. Shyamal Roy .....for the petitioners Mr. Nirmalya Biswas, Mr. Partha Sarathi Sen Shamrma ...for the State Mr. Bhaskar Prasad Vaisya, Mr. Pinaki Bhattacharyya ..for the DPSC, North 24 Parganas 1.

Affidavit of service filed in Court today is taken on record.

2.

The petitioner is aggrieved by a report of the Chairman, DPSC, North 24 Parganas submitted to a Division Bench of this Court in MAT 1210 of 2022 (Sumanta Naya Vs.

State of West Bengal & Ors.). The appeal was filed by the petitioner itself against the order of the Single Bench dated October 4, 2021 in WPA 7505 of 2021.

3.

The Division Bench by order dated 21st September, 2023 considering the report of the DPSC referred to hereinabove has dismissed the appeal holding that the petitioner did not secure the minimum marks and his candidature, therefore, could not be considered. The instant writ

petition filed on the self-same cause of action is, therefore, barred and ex facie abuse of process of law.

4.

The writ petition is therefore dismissed.

5.

There shall be no order as to costs.

6.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)