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Calcutta High CourtWPO/178/2024dismissed

Manash Kumar Dey v. The Registrar General High Court Calcutta And ORS

2024-03-05Hon'Ble Justice Rajasekhar Mantha3 pages

WPO No. 178 of 2024

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE MANASH KUMAR DEY

Versus

THE REGISTRAR GENERAL, HIGH COURT, CALCUTTA & ORS.

BEFORE:

The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 5th March, 2024 Appearance :

Mr. Anjan Bhattacharya, Adv.

Ms. Anita Shaw, Adv.

... for petitioner Mr. Ranjay De, Adv.

Mr. B. Banerjee, Adv.

Mr. A.A. Bose, Adv.

... for respondents The Court :

1.

The petitioner is a Section Officer in the Original Side of the Calcutta High Court. He participated in a promotion process to the post of Assistant Registrar, General Branch for filling up one vacancy. 2.

Upon re-verification of the vacancies it was found that there were two more vacancies in the Original side to the post of Assistant Registrar that were required to be filled up. Simultaneously four vacancies on the Appellate Side to the post of Assistant Registrar were also advertised.

3.

By an approval obtained by circulation, the High Court Administration approved the process of filling up three vacancies in the Original Side. The same panel of candidates who participated in the written test on 2nd December, 2023 and the viva voce held on 18th January, 2024 were taken into consideration for filling up the two new vacancies. This Court has tried its best to ascertain the locus of the petitioner to maintain the writ petition and particularly, the object and purpose of filing the same. 4.

It is submitted by the learned counsel for the petitioner that if there were two additional vacancies found on the Original Side, the High Court Administration was correspondingly required to identify other vacancies in the Original Side. According to the petitioner, there are four additional vacancies in the Appellate Side in the post of Assistant Registrar.

5.

The petitioner is admittedly in the Original Side. He cannot espouse the cause of any person on the Appellate Side. The petitioner could not have been a candidate to participate in the post of Assistant Registrar on the Appellate Side.

6.

In the above circumstances, this Court is of the clear view that the writ petition is in gross abuse of the process of law. WPO No. 178 of 2024 stands dismissed with cost assessed at Rs.5000/- payable by the petitioner to the High Court Administration.

7.

Urgent certified website copy of this order, if applied for, be made available to the parties subject to compliance with the requisite formalities.

(RAJASEKHAR MANTHA, J.) SN/mg.