West Bengal Madrasah Service ... vs Sri Biswarup Ghosh & Ors
2021 Latest Caselaw 4193 Cal

  unlisted.
10.08.2021.
 Ct. No. 11.
     F.B.

                                 MAT 639 of 2021
                                       with
                               IA No. CAN 1 of 2021
                                       with
                                   CAN 2 of 2021


                              (Via Video Conference)

               West Bengal Madrasah Service Commission & Anr.
                                     -Vs.-
                          Sri Biswarup Ghosh & Ors.


                       Mr. Prasenjit Mukherjee,
                       Mr. Nirmalya Kumar Das,
                       Ms. Madhurima Sarkar
                                  ..... For the Appellants.

                       Mr. Subhrangsu Panda
                                 ..... For the Respondents.

Party/Parties is/are represented in the order of

their name/names as printed above in the cause title.

This appeal has been mentioned on grounds of

urgency. It is submitted on behalf of the appellants that

the Hon'ble Single Bench, which delivered the final

judgment and order dated 8th of April, 2021 presently

under challenge in this appeal, has now summoned the

appellants to answer a Rule in a contempt proceeding.

It is submitted that the Rule has been made

returnable tomorrow.

Being mindful of the urgency as submitted by

Mr. Mukherjee, Learned Counsel for the appellants, this

Court permitted the appellants to move this matter on

an urgent basis today before rising of this Court upon

notice to the Learned Counsel for the writ petitioner/the

respondent no. 1 in this appeal.

Accordingly, with the consent of the parties the

appeal and the application are treated as on the day's

list and taken up for consideration.

The history of this appeal begins with the

appointment of the writ petitioner granted as long back

in 2013 for the post of Librarian under the West Bengal

Madrasah Service Commission (for short, the

Commission)/the present appellants. This writ petition

reached a culminating point with the order dated 8th of

April, 2021 which is the order under challenge in this

appeal. Mr. Mukherjee, Learned Counsel for the

appellants, would now submit that the Hon'ble Single

Bench erred in law by ignoring the mandatory character

of the recruitment rules of the Commission and directed

appointment to be given to the writ petitioner after a

long hiatus.

Per contra, Mr. Subhrangsu Panda, Learned

Counsel appearing for the Respondent No. 1/the writ

petitioner, submits that while appointing the writ

petitioner, the appellants/the Commission did not

disclose the entire list of available vacancies.

It is submitted that the writ petitioner has been

compelled to move Court time and again considering

the cat and mouse game qua the available vacancies

being played by the appellants.

It is therefore submitted by Mr. Panda that since

vacancies are shown to still exist of Librarians and no

recruitment exercise has been conducted by the

Commission since the selection of the writ petitioner till

date, the Hon'ble Single Bench committed no error by

directing appointment to be given to the writ petitioner

against the available vacancies, without treating such

appointment to be in the nature of a precedence.

Having heard the parties and considering the

materials placed, this Court is persuaded to hold that

by allowing the appointment of the writ petitioner

against available vacancies without treating such

appointment to be in the nature of a precedence, the

Hon'ble Single Bench did not act in a manner

prejudicial to the recruitment rules of the Commission,

more so, when the appointment of the writ petitioner

granted in 2013 continues to subsist over the last

several years.

The appellants have also been unable to justify

their reason for not challenging the order of the Hon'ble

Single Bench as passed on 8th April, 2021 for the past

nearly four months and, rushing to Court today in view

of the Rule issued (supra). This Court is also informed

from the records of this appeal that the applications for

condonation of delay and for grant of interim reliefs in

this appeal have been affirmed and filed only today, i.e.

the 10th of August, 2021.

In the above view of the matter, this Court does

not intend to interdict the pending proceeding, if any,

before the Hon'ble Single Bench. The reasoning of the

Hon'ble Bench is apropo the facts involved.

Also, in view of the established nature of the

facts involved, affidavits are neither necessary, nor

invited. Allegations made shall stand deemed to be

denied and disputed.

Since the appeal and its application have been

dealt with on merits, MAT 639 of 2021 with CAN 2 of

2021 stand dismissed and CAN 1 of 2021 stands

accordingly disposed of.

All parties to act in terms of the copy of the

order downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if

applied for, be given to the parties upon compliance of

all necessary formalities.

(Jay Sengupta, J.) (Subrata Talukdar, J.)