Nasirul Hossain & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 4824 Cal

14-09-2021
  ct no. 05
   Sl. 09
 Sayandeep
                        W.P.A. 9840 of 2021

                       Nasirul Hossain & Ors.
                             -Versus-
                   The State of West Bengal & Ors.

                       (Via Video Conference)


              Mr. Kamalesh Bhattacharyya
              Mr. Pompa Dey (Dhabal)
                                        ...for the petitioners

              Mr. Tapan Mukherjee, Ld. AGP
              Mr. Shamim Ul Bari
                                                ....for the State

              Mr. Subhas Jana
                                  .... for the respondent No. 7

This is a writ petition at the instance of

seven candidates who have purportedly been

appointed in the post of Assistant Teacher in

Gholla N.H.M. High Madrasah(H.S.),

Murshidabad. Mr. Kamalesh Bhattacharyya,

learned Counsel appears on behalf of the writ

petitioners and has made his submission upon

placing reliance on the judgment of the Supreme

Court dated 6th January, 2020 passed in Civil

Appeal No(s). 5808 of 2017 (Sk. Md. Rafique

Vs. Managing Committee, Contai Rahamania

High Madrasah & Ors.) and has made a

prayer that the appointments which have been

made in the said Madrasah may be approved by

the concerned District Inspector of Schools(SE),

Murshidabad. It has further been submitted

that the issue is kept pending for a long time

and in view of the orders passed by the Apex

Court in Sk. Md. Rafique (Supra), writ

petitioners are entitled to be appointed in the

said Madrasah.

Mr. Tapan Mukherjee, learned Additional

Government Pleader appears on behalf of the

State respondent and has brought to the notice

of this Court, the memo dated 25th February,

2021 issued by the concerned District Inspector

of Schools(SE), Murshidabad wherefrom it

appears that the approval of appointment of the

writ petitioners in the said Madrasah as

Assistant Teachers has already been turned

down by the concerned D.I..

The submissions made on behalf of the

learned advocates representing the parties to the

writ petition has been considered and the memo

No. 30/C-C issued by the District Inspector of

Schools(SE), Murshidabad dated 25th February,

2021 placed before this Court on behalf of the

State Respondent is taken on record.

Since the said memo dated 25th February,

2021 whereby the prayer for approval of

appointment of the writ petitioners has been

refused, has not been assailed in the present

writ petition, the issue relating to approval of

appointment of the writ petitioners cannot be

gone into in the present writ petition.

With the above observation, the writ

petition stands disposed of upon granting liberty

to the writ petitioners to file a fresh writ petition

challenging the said memo dated 25th February,

2021, if so advised.

Mr. Bhattacharyya, learned advocate

representing the writ petitioners prays for supply

copy of the memo dated 25th February, 2021 to

his clients and during the course of hearing, Mr.

Tapan Kr. Mukherjee, Learned Additional

Government Pleader hands-over a copy of the

said memo dated 25th February, 2021 to Mr.

Kamalesh Bhattacharyya.

There shall be no order as to costs.

All parties are directed to act on a server

copy of this order duly downloaded from the

official website of this Court.

Urgent photostat certified copy of this

order, if applied for, is to be given to the parties

upon compliance with the necessary formalities.

(Saugata Bhattacharyya, J.)