Citation : 2021 Latest Caselaw 1489 Cal
Judgement Date : 19 February, 2021
32 WPA 13698 of 2019
19-02-2021
sg
Ct. 11
Sudip Mazumder
Versus
The State of West Bengal & Ors.
(Through Video Conference)
Mr. Sudipta Dasgupta, Adv.
Mr. Arka Nandi, Adv.
...for the petitioner
Mr. Kanak Kiran Bandyopadhyay, Adv.
...for SSC
Ms. Munmun Tewary, Adv.
...for the State
The writ petitioner has qualified Teacher Eligibility Test (Upper
Primary), 2015 and also participated in the selection process pursuant to
the Notification dated 23rd September, 2016 issued for recruitment of
Assistant Teacher for Upper Primary Level in Government
Aided/Sponsored Schools. Petitioner prays for consideration of his
candidature afresh from the stage of verification pursuant to the said
Notification dated 23rd September, 2016 since the previous recruitment
process initiated by the West Bengal Central School Service Commission
has already been set aside by virtue of a judgment dated 11 th December,
2020 passed by a co-ordinate Bench on a batch of similar writ petitions.
Writ petitioner in the present petition has placed reliance upon the said
judgment dated 11th December, 2020 and prays for same benefit as has
been extended to the writ petitioners whose writ petitions were disposed
of by the said judgment dated 11 th December, 2020 by a co-ordinate
Bench.
Mr. Kanak Kiran Bandyopadhyay, learned Advocate who usually
represents the West Bengal Central School Service Commission submits
before the Court that since the previous selection process has already
been cancelled by this Court, a fresh recruitment process has been
initiated by the Commission from the verification stage and since the writ
petitioner applied for participating in the recruitment process pursuant to
the Notification dated 23rd September, 2016, the benefit of the said
judgment dated 11th December, 2020 may be extended in his favour.
In view of the above discussion, no further order is required to be
passed in this writ petition save and except observing that the judgment
and order dated 11th December, 2020 passed by a co-ordinate Bench shall
also govern the case of the present writ petitioner.
Accordingly, the writ petition stands disposed of.
There shall be no order as to costs.
This Court appreciates the assistance rendered by Mr. Kanak
Kiran Bandyopadhyay, learned Counsel who usually appears on behalf of
the West Bengal Central School Service Commission and the Court
directs the Commission to regularize the engagement of Mr.
Bandyopadhyay, in this matter.
(Saugata Bhattacharyya, J.)
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