Amar Mazumder And Others v. The Chief Secretary And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WP.CT/7/2022 IA No.CAN/1/2023 Amar Mazumder and others Vs.

The Chief Secretary and others Mr. Ananda Halder ... for the petitioners Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 23, 2023 [SR] Item No.17 The matter relates to recruitment process initiated by the Andaman and Nicobar Administration for appointment of Primary School Teachers. The petitioners participated in the recruitment process and were unsuccessful.

It appears from the submission made on behalf of the parties that the said issue is presently pending consideration before the Hon'ble Supreme Court in Special Leave Petition being SLP (Civil) Diary No.11083/2023.

The aforesaid special leave petition has been filed at the instance of the co-applicants, who were there along with the present writ petitioners, before the learned Tribunal in the Original Application being OA/351/00217/2019. The petitioners have filed a connected application in the instant writ petition wherein they have challenged the act of the Administration in publication of vacancy notice dated 11.07.2023 for filling up 177 vacant posts of PSTs. Submission of the petitioners is that if the subsequent recruitment process is permitted to be conducted and concluded, then, the chance of the petitioners being

appointed pursuant to the earlier selection process will be jeopardized.

We have perused the vacancy notice dated 11.07.2023 in respect of 177 posts. It specifically mentions that the vacancy which is sought to be filled up is in addition to the vacancy which are sub judice before the Hon'ble Supreme Court and the sub judice vacancies are not included in the present vacancy notice.

It appears that the apprehension of the petitioners is mis-placed.

The petitioners are laying claim to the recruitment in respect of the 198 vacancies which is the subject matter of challenge before the Hon'ble Supreme Court. The petitioners are yet to participate in response to the subsequent vacancy notice dated 11.07.2023 in respect of 177 posts.

The prayer of the petitioners to interfere or stall the subsequent vacancy notice dated 11.07.2023 cannot be accepted by the Court.

No relief can be granted in the instant case. The writ petition and the connected application stand dismissed. It will be open for the petitioners to take necessary steps before the appropriate forum for redressal of their grievance, if so advised.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. ) ( Ananya Bandyopadhyay, J.)