Wasim Akram Mondal & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 3944 Cal

26. 07 . 2021

BP WPA 4004 of 2021 Sl. 4 Court No. 17 (Via Video Conference)

Wasim Akram Mondal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Biswaroop Bhattacharya Mr. Ali Ahsan Alamgir Ms. Riya Das ..for the petitioners.

Mr. L.K. Gupta, Sr. Adv.

Mr. Subir Sanyal Mr. Ratul Biswas ..for the Board.

The prayer of the writ petitioners in this writ

application being WPA 4004 of 2021 is to call the

petitioners for interview as a part of recruitment

process pursuant to orders dated 5th January, 2021

and 6th January, 2021 in some earlier writ applications.

In reply to my question, which recruitment

process the petitioners are talking about, the

petitioners have intimated this court that it is the

recruitment process which was initiated by notification

dated 23rd December, 2020 which is at page 86 of the

writ application.

Learned advocate for the petitioners have filed

one supplementary affidavit and has drawn my

attention to different orders passed by this Hon'ble

Court which have been annexed in the supplementary

affidavit. The supplementary affidavit is accepted and

be kept on record. A copy of the said supplementary

affidavit has been served upon the West Bengal Board

of Primary Education today in court.

Mr. L.K. Gupta, learned senior advocate

appearing for the West Bengal Board of Primary

Education assisted by Mr. Ratul Biswas, learned

advocate, submitted two things. The first one is that the

writ petitioners were not parties in the writ application

where this court passed a judgment on 3rd October,

2018. By that order 175 writ petitioners were covered.

Those writ petitioners are not before this court. The

second point is whether the present petitioners would

be given six marks or not as they were not covered by

the said judgment dated 3rd October, 2018 (at page 36

of the writ application, Annexure P-1) holding that the

petitioners who attempted the wrong questions/options

in the key answers of one specified booklet could be

awarded marks. The marks in question is six marks.

Now, whether the present petitioners would get the said

six marks or not, as they were not covered by the said

judgment dated 3rd October, 2018, is a matter now

pending before the Division Bench of this Court in

appeal bearing No. MAT 1594 of 2018.

After hearing the parties, I find that the above

question whether six marks to the non-covered persons

like the present petitioners under the said order of the

said writ application would be granted or not is a

matter to be decided by the Division Bench in the

pending appeal as mentioned above and I cannot decide

the matter which is directly and substantially an issue

in this writ application. Therefore, I cannot entertain

this application.

With the above observation, this writ application

is disposed of.

(Abhijit Gangopadhyay, J. )