Utpal Kisku & Ors vs (Ab) The State Of West Bengal & Ors
2022 Latest Caselaw 1196 Cal

Court No. 24                          W.P.A. 3275 of 2022
15.03.2022

(Item No. 51) Utpal Kisku & Ors.

VS (AB) The State of West Bengal & Ors.

Mr. Bikash Chandra Das ..... for the petitioners Mr. Swapan Kumar Datta Mr. Dipankar Das Gupta .......... For the State Mr. Supriyo Chattopadhyay Ms. Iti Dutta ........... for DPSC, Dakshin Dinajpur

Affidavit of service filed in Court today is taken on

record.

The petitioners participated in the recruitment

process of Assistant Teachers conducted by the District

Primary School Council, Dakshin Dinajpur in the year

2009. Several writ petitions were moved challenging the

said recruitment process which ultimately went up before

the Hon'ble Supreme Court.

The Hon'ble Supreme Court by an order dated

January, 24, 2019 in exercise of power under Article 142 of

the Constitution of India, to do complete justice inter se

the parties, without interfering with the impugned

judgment(s) passed by the High Court on a principle of law,

directed that, the Primary Teachers who obtained their

certificates from the institutes recognized by the State

Government, will also be entitled to the weightage so long

as they have filed the legal proceeding in the High Court on

or before 31st December, 2010.

In the present case, the petitioners never

approached this Court earlier. After getting knowledge of

the order passed by the Hon'ble Supreme Court in

January, 2019, the petitioners filed the writ petition in

February, 2022 praying for a direction to revisit the

selection process.

I am afraid that as time has already been fixed by

the Hon'ble Supreme Court for reconsideration of the case

of the parties who approached the Court on or before 31st

December, 2010, there is no scope for entertaining the

present writ petition by extending the time fixed by the

Hon'ble Supreme Court. There is hardly any scope to

reopen the issue after such a belated period of time.

In view of the above, no relief can be granted to the

petitioners in the instant case.

The writ petition fails and is hereby dismissed.

Urgent certified photo copy of this order, if applied

for, be supplied to the parties expeditiously on compliance

of usual legal formalities.

(Amrita Sinha, J.)