Debi Chakraborty vs State Of West Bengal & Ors
2022 Latest Caselaw 7555 Cal

15.11.2022 IN THE HIGH COURT AT CALCUTTA DL-54 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 14893 of 2022

Debi Chakraborty Vs.

State of West Bengal & Ors.

Mr. Abhijit Chakraborti (2) ....for the petitioner.

Mr. Tapan Kumar Mukherjee, AGP, Ms. Debdooti Dutta ....for the State.

Mr. Chakraborti, learned counsel, appears on

behalf of the petitioner.

Mr. Mukherjee, learned Additional Government

Pleader, appears on behalf of the State and submits

that the writ petition is not maintainable since the

Technical Education and Training College is directly

under the control of the State Government.

Therefore, the writ petitioner has to urge her

grievance under the appropriate forum as indicated in

the Administrative Tribunals Act, 1985. He further

submits that the writ petitioner has placed reliance

on an order dated February 20, 2019 passed by the

Hon'ble Division Bench of this Court in F.M.A. 1152

of 2015 with F.M.A. 1161 of 2015 (The Director of

Technical Education and Training, Government of

West Bengal Vs. Chunilal Chakraborty & Ors.) but

the said judgment and order did not consider a

previous Division Bench's order of this Hon'ble High

Court reported in (2007) 3 Cal LT 545 (The State of

West Bengal Vs. Prabir Chakraborty). Therefore, the

writ petitioner cannot rely upon the latter Division

Bench judgment which has not considered an earlier

Division Bench judgment passed by this Hon'ble

Court. Furthermore, he submits that an SLP was

filed from the judgment of Prabir chakraborty (supra)

and the same was rejected by the Hon'ble Apex Court.

He further seeks time to produce further and better

particulars in support of his contention that the

college-in-issue is a Government college and,

therefore, the writ petition is not maintainable.

Report on affidavit and exception thereto filed in

Court today be retained with the records.

Let the matter appear for further consideration

under the same heading "Motion" on November 29,

2022.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)