Manoj Basunia And ORS v. The Chairman, District Recruitment Committee, District And Session Judge Court, Coochbehar And ANR

12.11.2024 Srimanta S/L Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 2179 of 2024 Manoj Basunia & Ors.

versus The Chairman, District Recruitment Committee, District & Sessions Judge Court, Cooch Behar & Anr.

Mr. Sourav Ganguly, Mr. Bibek Tarafder, Mr. Gopal Roy, Ms. Rishita Chakraborty ... for the petitioners.

Mr. Subir Kumar Saha, Ms. Pratusha Dutta Choudhury ....for the State respondents.

The matter has been brought into the list on being mentioned by the learned Additional Government Pleader, High Court, Calcutta (Jalpaiguri Circuit Bench).

On perusal of the records and hearing the parties it appears that the writ petition was disposed of by an order dated 27th September, 2024 directing the Chairman of the District Recruitment Committee to consider and dispose of the legal representation filed on behalf of the petitioners in accordance with law at the earliest but positively within a period of six weeks from the date of communication of the order.

It is submitted by the learned Additional Government Pleader that by virtue of the office held the learned District Judge, Cooch Behar is the Chairman of

the District Recruitment Committee. It is also submitted by the learned Additional Government Pleader that the learned District Judge has requested to pray for extension of time to comply with the order dated 27th September, 2024 by a period of four weeks as for the intervening annual vacation and other administrative work the learned District Judge despite her best endeavour could not dispose of the legal representation of the petitioner within six weeks from the date of communication of the said order.

On behalf of the petitioners it is submitted that in a disposed of writ petition the final order cannot be modified by granting extension to comply with the order without filing a written application. This submission, however, is not accepted as an 'application' also includes within its ambit oral application apart from written application and going by the nature of the prayer made I am not inclined to direct filing of an application in writing.

The time to comply with the order dated 27th September, 2024 is peremptorily extended by a period of six weeks from date.

No further notice or communication shall be made to the learned District Judge from the side of the petitioner.

(Arindam Mukherjee, J.)