Calcutta High CourtWPA/28742/2022dismissed as not pressed

Sk.Mostafa And ANR. v. State Of West Bengal And ORS.

2023-01-09Hon'Ble Justice Lapita Banerji3 pages

09.01.2023 IN THE HIGH COURT AT CALCUTTA DL-24 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 28742 of 2022 Sk. Mostafa & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Robiul Islam, Mr. Raju Mondal ....for the petitioners.

Ms. Sudipa Ray, Ms. Rupsha Chakraborty ....for the State.

Mr. Supriya Ranjan Saha, Mr. S. K. Mukherjee, Ms. Priyanka Das ....for the respondent no.3.

Mr. Islam, learned counsel, appearing on behalf of the petitioners undertakes to file the deficit court fees in course of the day.

In default of payment of deficit court fees, writ petition shall stand dismissed.

The petitioners claims to have appeared in the selection process for the post of Data Entry Operator in Bangla Sahayika Kendra under Deganga Block, District - North 24-Parganas. The selection process was conducted by the Webel Technologies Limited, a Government of West Bengal undertaking/respondent no.3. The petitioners claim that despite their names being on the panel prepared by the respondent no.3, the District Magistrate, North 24-

Parganas/respondent no.2 has not been issuing appointment letters in favour of the petitioners. Mr. Saha, learned counsel, appears on behalf of the respondent no.3.

Ms. Ray, learned counsel appears on behalf of the State.

Having considered the rival submissions of the parties and the materials placed on record, this Court is of the view that there is no corroborating evidence in favour of the petitioners to show that the petitioners' names appeared in the panel prepared in September 2020 by the respondent no.3. It does not appear from the documents annexed to the writ petition that petitioners made any application under the Right to Information Act, 2005.

Mr. Islam prays for withdrawal of the writ petition.

In the circumstances, the writ petition, being WPA 28742 of 2022 is dismissed with liberty to file afresh on the self-same cause of action, if so advised. Since no affidavits have been directed to be exchanged in the present writ petition, all the allegations contained therein are deemed not to have been admitted by the parties.

All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

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

(Lapita Banerji, J.)