The State Of West Bengal & Ors vs Animesh Choudhury & Ors
2021 Latest Caselaw 5655 Cal

21. MAT 718 of 2021 11-11-2021 sg With CAN 1 of 2021 Ct. 8

The State of West Bengal & Ors.

Versus Animesh Choudhury & Ors.

(Through Video Conference)

Mr. Anirban Ray, Ld. GP Mr. Biswabrata Basu Mallick, Adv. Mr. Sayan Ganguly, Adv.

...for the appellants

Mr. Amritam Mandal, Adv.

Ms. Madhushri Dutta, Adv.

...for the State

RE: CAN 1 of 2021

The Additional Stamp Reporter has filed a report that the

appeal is in time in view of the order of the Hon'ble Supreme Court

dated 23rd March, 2020 in SMW(C) 3 of 2020.

In view thereof, the appeal shall be treated as 'filed in time'

and there is no requirement to file any application for condonation of

delay. Accordingly, the application for condonation of delay being

CAN 1 of 2021 is disposed of by holding that 'the appeal is in time'.

MAT 718 of 2021

The learned Counsel for the State has submitted that the issues

involved in this appeal are covered by the judgment and order

delivered by this Bench in MAT 825 of 2020 (Md. Adeel Uz Zaman vs.

The State of West Bengal & Ors.) decided on 11th February, 2021 and

MAT 514 of 2019 (The State of West Bengal & Ors. versus Meghnath

Roy) decided on 16th December, 2019.

It is further submitted that the appellants have implemented the

order passed by us in Md. Adeel Uz Zaman (supra) as reflected from

the order issued by the office of the District Inspector of Schools dated

7th October, 2021.

Mr. Biswabrata Basu Mallick, learned Counsel appearing for

the appellants has prayed for an adjournment in order to enable him to

apprise this Court as to whether the ratio decided by us in those

decisions would be applicable in the instant case and what are other

issues that are required to be gone into by the concerned District

Inspector of Schools.

We have fixed a similar matter on 24th November, 2021. This

matter shall appear immediately after MAT 774 of 2019 on 24 th

November, 2021.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)