MAT/4/2021
2021 Latest Caselaw 2026 Cal

Dl.   March 16,
9.     2021
                                   Through Video Conference

                                        M.A.T. 4 of 2021

                                  Mr. Ashis Kumar Chowdhury,
                                  Mr. Rajib Ghosh,
                                  Mr. Deborupa Mukherjee,
                                    ...for the appellants.

                                  Mr. Bhaskar Prosad Vaisya,
                                  Mr. Suman Dey,
                                    ...for the State respondents.

The learned advocate appearing on behalf of the

appellants submits that following the affirmation of the order passed

by Justice Moushumi Bhattacharya in W.P.A. 9597 of 2019 on

December 11, 2019, the verification process have already started in

which the appellants have participated. In view thereof, the

appellants are not interested to proceed with the present application

for leave to appeal filed under CAN 2 of 2021.

Since the issues raised in this appeal have already been

decided by us on January 12, 2021 in M.A.T. 843 of 2020, the said

judgment governs the present appeal. In fact, while dismissing the

appeal being M.A.T. 843 of 2020 filed by some of the candidates

similarly placed with that of the present appellants, we have

observed that dismissal of the said appeal shall not prejudice the

rights of the appellants to participate in the verification process in

terms of the notification being no. 689/6723/CSSC/ESTT/2020

dated December 28, 2020. The nature of dispute involved in this

appeal is similar to that of M.A.T. 843 of 2020.

In view of the above and as prayed for on behalf of the

appellants, the application for leave to appeal stands dismissed for

non-prosecution.

Consequently, the memorandum of appeal and the

connected applications, if there be any, stand rejected.

There will be no order as to costs.

                                                    ( Soumen Sen, J. )



dns                                           ( Saugata Bhattacharyya, J. )