Sanghamitra Karmakar v. The State Of West Bengal And ORS

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION 42 21.1.2025 WPA 29 OF 2025 Sc Ct. no. 2 ------------- Sanghamitra Karmakar Vs.

The State of West Bengal & Ors.

Mr. Nabankur Paul Ms. Sutapa Sen Paul.

....For the Petitioner Ms. Bedashruti Bose Mr. Sumit Kumar.

....For the State Affidavit-of-service is already on record.

Mr. Nabankur Paul, learned Advocate appears for the petitioner.

Mr. Sumit Kumar, learned State Advocate with Ms. Bedashruti Bose, learned State Advocate appear for the State.

The petitioner claims an appointment as State Aided College Teacher (SACT), Department of Geography at Bakshirhat Mahavidyalaya in the light of the memorandum dated December 23, 2019, issued by the Higher Education Department at page 32 to the writ petition. The relevant college authority has also issued the communications to the respondent no.2 dated March 15, 2022 and April 20, 2022 at

pages 112-113 to the writ petition but still the case of the petitioner has not yet been considered.

In view of the above, the petitioner shall serve a copy of the complete set of the writ petition upon the respondent no.2.

The respondent no.2 upon receiving a copy of the writ petition and upon issuing a prior hearing notice of at least seven days to the petitioner and also after granting her an opportunity of hearing shall decide the issue in the light of the said State's memorandum dated December 23, 2019 at page 32 to the writ petition, as referred to above, by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no.2 positively within a period of four weeks from the date of receiving a copy of the writ petition along with a copy of today's order to be served by the petitioner. The reasoned order shall be communicated to the petitioner within a period of one week from the date of the said reasoned order to be passed.

It is made clear that, this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points she wishes to urge by relying upon whatever records

and documents she wishes to rely upon before the respondent no.2.

In the event the reasoned decision goes in favour of the petitioner, the appropriate authority shall give an immediate effect thereto strictly in terms of the said memorandum dated December 23, 2019 but positively within a period of four weeks from the date of the said reasoned order to be passed.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions this writ petition, WPA 29 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)