Saugata Banerjee And ORS. v. State Of West Bengal And ORS.

31.07.2025 Item No.7, DL Court No.17 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 30954 of 2024 < Saugata Banerjee & Ors. -Vs- The State of West Bengal & Ors.

Mr. Ekramul Bari, Ld. Sr. Adv., Mr. Sk. Imtiaj uddin.

.....for the petitioners.

Ms. Tapati Samanta.

.....for the State.

Affidavit of service filed on behalf of the petitioners be kept with the record.

Mr.

Bari, learned senior Advocate appearing on behalf of the petitioners submits that the petitioner no.1 is not willing to join as such his name be expunged from the cause title of the writ petition. He files a written instruction dated July 30, 2025 of the petitioner no.1 to the said effect, let it be kept with the record.

In view of such stand, the name of the petitioner no.1 be expunged from the cause title of the writ petition. The Department is directed to carry out the necessary amendment in the Cause Title.

Leave, as prayed for, is granted to the learned Advocate for the petitioners to add the Director, Department Mass Education Extension and Library Services, Government of West Bengal as party respondent no.10 to the writ petition.

Mrs. Samanta, learned Advocate since is representing the State, no further notice need be given to the added respondent.

The District Magistrate, 24-Parganas (North) being the Chairman of Local Library Authority, the respondent no.3 herein by an advertisement dated May 29, 2023 had invited online applications from the eligible candidates to fill up 60 vacancies in the post of Librarians of the sponsored Public Libraries under the control of local Library Authority of the said district. The petitioners had participated in the said selection process under the unreserved category. Their names are featuring in the waiting list prepared in relation to the said selection test. The petitioners are praying that in terms of the Notification of the Labour Department, Government of West Bengal bearing No. 35(100)- EMP dated February 08, 2005, the reserved category vacancies which have not been filled up may be converted to "unreserved categories" and the candidature of the petitioners may be considered against such converted vacancies.

A representation of the petitioners praying such relief to the said effect is pending consideration before the Directorate of Mass Education Extension and Library Services, Government West Bengal.

The said

representation is appearing at page „102‟ of the writ petition.

The added respondent no.10 is directed to consider the said representation in accordance with law particularly in the light the abovementioned notification as expeditiously as possible preferably within a period of six weeks from the date of communication of this order. Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

WPA 30954 of 2024 is disposed of with the above observations without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of the Court.

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

(Biswajit Basu, J.)