Khokan Singha v. State Of West Bengal And ORS.

Circuit Bench of Calcutta High Court at Jalpaiguri 10.12.

sm W.P.A. 774 of 2019 Khokan Singhal

Versus

The State of West Bengal Mr. Bijay Bikram Das.

.....for the petitioner.

Mr. Hirak Barman, Mr. Ankar Mitra.

......for the State.

Affidavit of service filed in court today be kept with the record.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner aggrieved by the arbitrary placement of his name under the waiting list of "Karmabandhu" instead of the waiting list of Office Peon-Unreserved.

A report has been submitted by the respondent authorities that shows that in spite of the fact that the petitioner had received more marks that than the second place candidate in the waiting list of Office Peon-Unreserved, his name has been put as the first candidate under the waiting list for the post of "Karmabandhu".

The reasons supplied by the respondent authorities for putting his name as the first place candidate in the waiting list of the post of

"Karmabandhu" do not stand on a legal footing. In the light of the same, the waiting list panel for the post of Office Peon-Unreserved and the waiting list panel for the post of "Karmabandhu" are set aside and the respondent authorities are directed to recast the waiting list in accordance with law.

The respondent authorities are directed to recast the waiting list panel within four weeks from date.

Accordingly, this writ petition is, thus, disposed of.

Since no affidavit-in-opposition is filed by the respondents, so all the allegations made in this writ petition are deemed to have been denied.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Shekhar B. Saraf, J.)