(Ad 3) vs The State Of West Bengal & Ors
2021 Latest Caselaw 3969 Cal

Court No. 17                         WPA 4014 of 2021

27.07.2021

Rakhi Majumdar & Ors.

(AD 3)                                       Vs.
                               The State of West Bengal & Ors.
(S. Banerjee)

                                    (Via Video Conference)

                      Mr. Sudipta Dasgupta
                      Mr. Saikat Sutradhar
                                                       ... for the petitioners
                      Mr. L. K. Gupta, Sr. Advocate
                      Mr. Subir Sanyal
                      Mr. Ratul Biswas
                                                              ... for the Board

The prayer of the writ petitioners in this writ

application being WPA 4014 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 64 of the writ

application.

Learned advocate for the petitioners have filed one

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 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 a 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.)