Susmita Gayen vs The State Of West Bengal And Ors
2021 Latest Caselaw 112 Cal/2

OD-3
                                 ORDER SHEET

                                WPO 119 of 2020

                      IN THE HIGH COURT AT CALCUTTA
                        Constitutional Writ Jurisdiction
                               ORIGINAL SIDE


                             SUSMITA GAYEN
                                 Versus
                   THE STATE OF WEST BENGAL AND ORS

  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 4th February, 2021
  (Via Video Conference)

                                                                       Appearance:
                                                      Mr. Anjan Bhattacharya, Adv.
                                                              Ms. Anita Shaw, Adv.
                                                                 ...for the petitioner

                                                     Mr. Santanu Kumar Mitra, Adv.
                                                              Mr. Amartya Pal, Adv.
                                                                       ..for Council


       The Court: Heard Counsel appearing on behalf of both the parties.

       Mr. Santanu Mitra, Counsel appearing on behalf of the West Bengal

Council of Higher Secondary Education, raises preliminary objection with

regard to the matter being taken up on the Original Side when all the

respondents and the petitioner are situated outside the jurisdiction of the

Original Side. According to him, the records of all these cases are outside the

Original Side jurisdiction and, accordingly, this matter should appear as an

Appellate Side matter. He further submits that the cause of action is entirely

outside the jurisdiction of the Original Side. According to him, this writ petition

should be dismissed and filed afresh in the Appellate Side. Alternatively, he

submits that the matter be transferred to the Appellate Side.

Counsels have placed several judgments on this technical objection that

has been taken at the very threshold.

Matter heard and reserved for judgment.

(SHEKHAR B. SARAF, J.)

R.Bhar