Md. Samiul Kabir & Ors vs The State Of West Bengal And Ors
2021 Latest Caselaw 37 Cal

112 05.1.2021

WPA 10330 of 2020 gd (Via Video Conference)

Md. Samiul Kabir & Ors.

Vs.

The State of West Bengal and Ors.

Md. Sarwar Jahan Mr. Mostafijur Rahaman ..for the Petitioners

This writ petition involves certain issues relating

to the Teachers Eligibility Test 2014 (TET 2014)

examination. The issue was initially resolved and

decided by the judgment and order of a coordinate

Bench dated October 3, 2018. An appeal was carried

out from the said judgment which is pending before the

Division Bench of this court. Leave to appeal was also

preferred which had culminated into a Special Leave

Petition before the Hon'ble Supreme Court being SLP(C)

Nos.5945 of 2019. In the said Special Leave Petition an

order was passed on April 1, 2019 by the Hon'ble

Supreme Court. In the said order the following

observation was made by the Hon'ble Supreme Court:

"In our view, it would be appropriate if the Writ Petition to be instituted by the petitioner is directed to be heard with the appeal which the Board has preferred before the Division Bench.

We also grant liberty to the Board to move the learned Chief Justice of the High Court for consolidation of any other Writ Petitions that may be pending on the same subject so that they can be heard by the Division Bench, together with the appeal which has been filed by the Board in order

to bring finality to the dispute.

The applicants in the impleadment/intervention applications are granted liberty to pursue their remedies before the High Court.

The High Court is requested to expeditiously dispose of the appeal filed by the Board, together with the other pending Writ Petitions on the same issue."

Md. Sarwar Jahan, learned Advocate appearing

for the writ petitioners submits that issues involved in

the writ petition is covered by the above observation of

the Hon'ble Supreme Court.

In view of the above, the present writ petition is

directed to go out of this list and be placed before the

Hon'ble Division Bench pursuant to the observation

made by the Hon'ble Supreme Court mentioned above.

(Aniruddha Roy, J.)

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