Calcutta High Court (Appellete Side)
Sampa Panda & Ors vs State Of West Bengal & Ors on 13 January, 2021
Dl. January
3. 13, 2021
Through Video Conference
3) MAT 13 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Sampa Panda & Ors.
Vs.
State of West Bengal & Ors.
With
4) MAT 23 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Chinmoy Debnath & Ors.
Vs.
State of West Bengal & Ors.
With
5) MAT 24 of
With
CAN 1 of 2021
With
CAN 2 of 2021
Bhaskar Mandal & Ors.
Vs.
Manas Kumar Sardar & Ors.
With
6) MAT 25 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Roni Dutta & Ors.
Vs.
State of West Bengal & Ors.
With
9) MAT 29 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Arpita Jana & Ors.
Vs.
State of West Bengal & Ors.
With
10) MAT 30 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Sanjoy Laha & Ors.
Vs.
State of West Bengal & Ors.
With
11) MAT 31 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Md. Iayadud Hossain & Ors.
Vs.
Manas Kumar Sardar & Ors.
With
12) MAT 32 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Goutam Ghosh & Ors.
Vs.
State of West Bengal & Ors.
With
13) MAT 33 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Yarun Alia & Ors.
Vs.
Manas Kumar Sardar & Ors.
With
14) MAT 35 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Anuradha Ghosh & Ors.
Vs.
Manas Kumar Sardar
With
15) MAT 36 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Uttam Pramanik & Ors.
Vs.
Manas Kumar Sardar
With
16) MAT 37 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Debapriya Panja
Vs.
Manas Kumar Sardar
With
17) MAT 38 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Jaydeep Maity & Ors.
Vs.
State of West Bengal & Ors.
With
19) MAT 40 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Shilpi Mondal
Vs.
Manas Kumar Sardar
With
20) MAT 42 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Tushar Kanti Deogharia
Vs.
Manas Kumar Sardar & Ors.
With
24) MAT 46 of 2021
With
CAN 1 of 2021
With
CAN 2 of 2021
Syed Ariful Islam & Ors.
Vs.
State of West Bengal & Ors.
(Via Video Conference)
Mr. Biswaroop Bhattacharya,
Ms. Reshmi Ghosh,
Mr. Soumya Sankar Chini,
...for the Appellants.
Mr. L.K. Gupta, Sr. Adv.,
Mr. Subir Sanyal,
Mr. Ratul Biswas
...for the W.B. Board of Primary
Education in Item Nos.3,5,10, 11,13,
14, 15, 16,19 & 20.
Mr. Partha Sarathi Bhattacharjee, Sr. Adv.,
Mr. Sougata Mitra,
Ms. Ankita Dey,
...for the Petitioner in Item
Nos.5,10,11,13,14,15,16,19,20.
In all these matters, the applicants have prayed for
leave to prefer appeals against the order passed by the learned
Single Judge on January 7, 2021 in a batch of writ petitions.
These applications for leave to prefer appeal are like
putting the cart before the horse. The applicants have filed these
applications for leave to prefer appeal on the ground that the learned
Single Judge by the order dated January 7, 2021 directed the
Secretary, West Bengal Board of Primary Education to allow the
petitioners covered by the said order to submit applications off-line
pursuant to the notification dated December 23, 2020 and such
applications were directed to be duly considered during the
recruitment process provided the writ petitioners submit their
applications by January 8, 2021 though the notification specifies
that the applications should be submitted by January 6, 2021.
The basis of the judgment impugned herein appears to
be that the said writ petitioners approached the learned Single Judge
on or before January 6, 2021, which was the cut off date in terms of
the notification dated December 23, 2020.
We are at a loss to understand how the prayer for leave
to prefer appeals could be entertained, when the learned Single
Judge has decided the matters in which the presence of the present
applicants were not necessary. The applicants were neither
necessary nor proper parties in several writ petitions in which order
dated January 7, 2021 was passed.
It is argued on behalf of the applicants that they are
similarly placed as that of the writ petitioners, who have been
benefited by the order dated January 7, 2021. Nothing prevented the
present applicants to approach the learned Single Judge for similar
reliefs if they feel that they are similarly placed.
In view of the fact that the present applicants are
neither necessary nor proper parties in the writ proceedings
disposed of by order dated January 7, 2021 and in deciding those
writ petitions their presence were required or the order passed in the
said writ proceedings are likely to affect or has affected the present
applicants in any way, we are not inclined to grant leave to prefer
appeals against the order dated January 7, 2021 leaving it to the
applicants to pursue their remedies in accordance with law. Moreso,
we are of the firm opinion that the applicants are not "persons
aggrieved" who can file these applications for leave to prefer
appeal.
We, however, make it clear that we have not gone into
the merits of the matter.
The applications for leave to appeal are, thus,
dismissed.
In view of dismissal of the applications for leave to
prefer appeal, the memoranda of appeal and the connected
applications for stay are rejected.
There will be no order as to costs.
Let photostat plain copies of this order duly
countersigned by the Assistant Registrar (Court) be made available
to the learned advocates for the parties for taking steps in the matter.
( Soumen Sen, J. )
dns
( Saugata Bhattacharyya, J. )
