Priyanka Bhattacharjee v. The State Of West Bengal And ORS

jdt.

06.06.2022 jb.

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI W.P.A. 818 of 2022 ((Priyanka Bhattacharjee vs. State of West Bengal & Ors.) Mr. Arijit Ghosh Mr. Swarnali Ghosh (Sengupta) .... For the Petitioner Mr. Hirak Barman Mr. Momenur Rahman .... For the State Affidavit-of-service filed by the petitioner is taken on record.

None appears for the 4th respondent despite service.

The contention of the petitioner is that an appointment letter as assistant teacher at Kaliachak Girls High School was issued in her favour, but she was not able to join the said post as she was informed that the post was reserved for scheduled caste and scheduled tribe candidate. Due to non-availability of other vacancies in the district of Malda against general post, the petitioner applied before the District Inspector of Schools, Cooch Behar and was informed that there was one vacancy at Maruganj High School, Post Office-

Maruganj, District-Cooch Behar where the petitioner could be accommodated. Despite such vacancy no appointment letter has been issued to the petitioner with respect to the said post and the petitioner has not been able to join service till date. The petitioner submitted representation before the Chairman, West Bengal Central School Service Commission, the 4th respondent herein, on 5th January, 2021 which is yet to be disposed of. The petitioner prays for a direction upon the 4th respondent to consider and dispose of the representation at the earliest.

It is submitted on behalf of the State respondents that the 4th respondent should be directed to dispose of the representation within a stipulated time frame. In view of the above, the writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated 5th January, 2021 within one month from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. The decision taken by the Authority shall be communicated to the petitioner within a week thereof.

It is made clear that this Court has not gone into the merits of the case. The petitioner shall be at liberty to place his contention, as made out in the writ petition before the concerned Authority at the time of hearing.

With the above observations and directions, W.P.A. 818 of 2022 is disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)