Md Munazir Adil And ANR v. State Of West Bengal And ORS.

22.12.2020 Ct. No. 24 Item No. 23 pk.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA No. 9548 of 2020 Md. Munazir Adil & Anr.

-vs- The State of West Bengal & Ors.

Mr. Anjan Bhattacharjee, Md. Nauroz Rahber for the petitioners Mr. Himadri Sekhar Chakraborty, Ms. Debdooti Dutta for the State Two writ petitioners have filed the instant writ petition by depositing only one court fee.

The learned Advocate-on-Record of the petitioner is directed to deposit the deficit court fees in course of tomorrow. In default, the order passed herein shall be restricted only in respect of the petitioner no. 1 and the writ petition shall be deemed to be dismissed in respect of the other.

The petitioners participated in the recruitment process for the post of Gram Panchayet Karmee under the Exempted Category. According to the petitioners they performed petty well in the written examination and the viva-voce, but surprisingly, their names were not included in the final merit list.

The petitioners have filed the instant writ application on the allegation that the candidates, who have been empanelled in the final merit list under the Exempted

Category do not possess the requisite certificate relating to their exempted category.

The exact averment that has been made by the petitioners in paragraph 12 of the writ petition is as follows:- "The petitioners also came to know from reliable sources that name of those candidates were also impleaded in the final panel who does not possess Exempted Category Certificate".

The aforesaid averment does not mention the particulars of the candidates, who do not possess the Exempted Category Certificate. The submission is absolutely vague and no writ of mandamus can be issued on such type of averments.

The petitioners lastly pray for consideration of their representation which they have filed before the authority highlighting their grievance.

The learned advocate appearing on behalf of the State respondent upon instruction submits that the petitioners did not obtain the qualifying marks necessary for empanelment in the list.

I am not convinced with the argument of the petitioners and, accordingly, the prayer for consideration also cannot be granted in the facts and circumstances of this case. The writ petition is a speculative one devoid of merits and the same stands dismissed.

The authority concerned will proceed with the recruitment process strictly in accordance with law. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)