Shib Sankar Pal & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 4120 Cal

S/L 3
11.07.2022

sourav WPA 2800 of 2019

Shib Sankar Pal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Kamalesh Bhattacharya Mr. Ramdulal Manna Ms. Manju Manna (Dey) Mr. Aninda Bhattacharya Mr. Sayan Mukherjee ... for the Petitioners.

Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ... for the State.

Mr. Subir Sanyal Mr. Ratul Biswas ...for the Board.

This writ petition involves a dispute relates to

Teacher Eligibility Test (TET) held on October 11, 2015.

A co-ordinate bench of this Court by a judgment dated

October 3, 2018 passed in writ petition being W.P. 23006

(W) of 2017 had decided the issue.

The said issue before the co-ordinate bench decided

on October 3, 2018 ultimately travelled up to the Hon'ble

Supreme Court in Special Leave to Appeal (C) No(s).

5945/2019.

By an order dated April 1, 2019, the said Special leave

to Appeal was disposed of with the following observations:

"In our view, it would be appropriate if the Writ Petition to be instituted by the petitioner is directed to

be heard with the appeal which the Board has preferred before the Division Bench. We also grant liberty to the Board to move the learned Chief Justice of the High Court for consolidation of any other Writ Petitions that may be pending on the same subject so that they can be heard by the Division Bench, together with the appeal which has been filed by the Board in order to bring finality to the dispute.

The applicants in the impleadment /intervention applications are granted liberty to pursue their remedies before the High Court.

The High Court is requested to expeditiously dispose of the appeal filed by the Board, together with the other pending Writ Petitions on the same issue.

The Special Leave Petition is disposed of in the above terms.

Pending applications stand disposed of."

Mr. Kamalesh Bhattacharya, learned advocate

appearing for the petitioners submits that the issue involved

in this writ petition was the same and identical on which, the

said Special Leave Petition was disposed of by the said order

dated April 1, 2019 with the observation of the Hon'ble

Supreme Court quoted above.

Mr. Ratul Biswas, learned advocate led by Mr. Subir

Sanyal, learned advocate appearing for the Board also

submits the same as submitted by Mr. Bhattacharya, learned

advocate appearing for the petitioners.

In view of the above, in the light of the said

observation made by the Hon'ble Supreme Court in its said

order dated April 1, 2019, this writ petition being WPA

2800 of 2019 stands released from the list of this Court

and the parties will be at liberty to take necessary steps in

the matter.

Let the cause papers be sent forthwith for taking

necessary steps in the matter.

(Aniruddha Roy, J.)