Calcutta High Court (Appellete Side)
Shri Sarbeswar Ghosh & Ors vs The State Of West Bengal & Ors on 14 January, 2021
14.01.2021.
Item no. 8.
Court No.13
ap
W.P.A. No. 27784 of 2017
With
I.A. No. CAN 1 of 2020
And
I.A. No. CAN 2 of 2020
(Through Video Conference)
Shri Sarbeswar Ghosh & Ors.
Versus
The State of West Bengal & Ors.
Mr. Arif Ali.
...For the petitioners.
Mr. Joytosh Majumder, ld. G.P.
Mr. Raja Saha,
Mr. Rajat Datta.
...For the State.
Considering the urgency pleaded by the
petitioners in CAN 2 of 2020, the matter is taken up
for hearing.
Accordingly, the application being CAN 2 of 2020
is disposed of.
The matter concerns a recruitment process to
the post of Home Guards in the District of
Murshidabad. 315 posts were advertised in the year
2014 and thereafter a panel was prepared in which the
petitioners participated. The panel was however
scrapped and a writ application came to be filed being
W.P. No. 2093 (W) of 2016. The same was disposed of
by an order dated 15th May, 2017. The order was
carried in appeal being M.A.T. No. 978 of 2017. The
same was disposed of by a judgment and order dated
26th October, 2017 with certain directions.
2
The instant writ application came to be filed
thereafter. The instant writ application was also
disposed of by a Co-ordinate Bench of this Court on
29th November, 2017. The said order carried in appeal
being F.M.A. No. 31 of 2019. The Division Bench of
this Court with due reference to the order dated
26.10.2017
of 2019 by an order dated 3rd September, 2020
granting a twofold liberty to the petitioners to
challenge an enquiry report based on which the
process of recruitment for Home Guards and the panel
prepared thereunder were cancelled. The petitioners
were also granted liberty to participate in a fresh
process of recruitment that would be initiated by the
State.
The Division Bench of this Court had extended
time to enable the petitioners to participate in the new
selection process of the 2020.
The petitioners admittedly have not participated
in the fresh process of selection initiated pursuant to
the advertisement issued in July, 2020. The last date
for submission of applications are extended until
August, 2020 in view of the pandemic.
Counsel for the petitioners submits that they
have consciously chosen not to participate in the said
recruitment process despite leave granted by the
Division Bench. In the instant application being CAN 1
of 2020, the petitioners pray for stay of the new
recruitment process.
This Court is of the clear view that when the
petitioners have chosen not to participate in the
recruitment process of 2020 despite specific liberty
granted by the Division Bench of this Court, they
cannot seek stay of the new recruitment process. The
petitioners also cannot ask for any post to be reserved
in the new recruitment process in their favour.
For the facts and reasons stated hereinabove,
CAN 1 of 2020 shall stand dismissed.
There will be no order as to costs.
The instant writ application may be included in
the hearing list.
All parties are directed to act on a server copy of
this order on usual undertakings.
(Rajasekhar Mantha, J.)
