Parthasarathi Das And ORS v. The State Of West Bengal And ORS

24.08.2022.

Court No.13 Item No. 46 ap W.P.A. No. 10104 of 2020 Parthasarathi Das & Ors.

Versus

The State of West Bengal & Ors.

Mr. Partha Sarathi Bhattacharya, Sr. Advocate, Mr. Sougata Mitra, Mr. Rameshwar Sinha, Ms. Jahanara Begum, Ms. Ankita Dey.

...For the petitioners.

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee.

...For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey, ...For the WBCSSC.

The School Service Commission has filed a report. The same be kept with the record.

It appears from the said report that the writ petitioner no.1, namely, Partha Sarathi Das was ranked 1061 in Male and Female Category and 1018 in the Male Category, the writ petitioner no.2, namely, Binoy Krishna Paul was ranked 1399 in the Male Category and the petitioner no.3, namely, Hemanta Kumar is admittedly ranked as1320. The last appointed candidate in the Male and Female Categories was 972 and the Male Category was only Serial No.1.

Mr. Bhattacharya and Mr. Sougata Mitra, Counsel for the petitioners argued that if the panel

had expired as per the contention of the School Service Commission on 15th January, 2020, all further counselling made on 17th January, 2022, must be deemed illegal.

Dr. Patra, Counsel for the School Service Commission submits that the persons, who are counselled on 17th January, 2022 were those who were already issued notices for such counselling and could not be interacted with for paucity of time on 15th January, 2022.

Dr. Patra shall furnish a further clarification information indicating the names of the persons, who were counselled on 17th January, 2022, the marks they have obtained, notices of counselling and the actual date prescribed therefor. Any additional facts may also be brought to the notice of the learned Counsel for the petitioners.

The writ petition shall stand disposed of as of now reserving liberty to the petitioners to approach this Court upon discovery of any additional facts and after perusal of the further information directed to be furnished by the School Service Commission.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)