Arpita Pramanik vs The State Of West Bengal And Ors
2021 Latest Caselaw 3356 Cal

23.06.2021 KC(26) F.M.A. 437 of 2021 Arpita Pramanik

-versus-

The State of West Bengal and Ors.

(Via Video Conference)

Mr. Sudipta Sengupta....................For the appellant.

The impugned judgment and order was made on

14th January, 2020. It dismissed the writ application of

a sole writ petitioner challenging the selection process

for appointment of assistant teachers in primary

schools under the general category. This selection

process was conducted in the year 2016.

The main ground of the appellant/writ petitioner

is that favouritism was extended by the selection

authority to some candidates by disproportionately

enhancing their viva-voce marks and unfairly reducing

the viva-voce marks of other candidates. As a result of

this, the candidates who had got very modest marks in

the Madhyamik and Higher Secondary Examination got

higher total marks in the selection process than those

who had scored very well in those examinations.

The learned judge did not accept these grounds of

challenge by observing that no materials had been

placed to even prima facie establish this allegation.

We find from the records, that this memorandum

of appeal was presented in this court on or about 28th

February, 2020. Thereafter no steps had been taken by

the appellant to prosecute this appeal. In the process

more than a year and half have elapsed since the

impugned judgment and order dated 14th January,

2020. The selection process has been given effect to by

appointment of empanelled candidates in the subject

posts, as submitted.

Even if we accept the allegation of the appellant/

writ petitioner, we cannot obtain recorded audio or

video footage of the viva-voce process. Neither can the

viva-voce process be carried out by the court. We are in

no position to comment whether the viva-voce was

conducted regularly or irregularly, short of any material

to prima facie establish that discrimination was made

by the selection authority against a candidate or batch

of candidates.

For whatever reason the selected candidates have

joined the posts and are working. We do not want to

disturb this state of affairs.

For all those reasons, including the delay on the

part of the appellant/writ petitioner in pursuing her

remedy, we dismiss this appeal. No order as to costs.

(I.P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)