Sri Manik Pandit vs The State Of West Bengal And Ors
2023 Latest Caselaw 4612 Cal

                     IN THE HIGH COURT AT CALCUTTA
                   CONSTITUTIONAL WRIT JURISDICTION
                             APPELLATE SIDE

Present :-

Hon'ble Justice Partha Sarathi Sen
                          W.P.A No. 12841of 2022
                            Sri Manik Pandit
                                 -Versus-
                    The State of West Bengal And Ors.

For the Petitioner           : Mr. Mani Sankar Chattopadhyay, Adv.
                              Ms. Shalini Singh, Adv.
Heard on:                   : 28.07.2023

Judgment on.                : 01.08.2023

PARTHA SARATHI SEN, J. : -
1.    By filing the instant writ petition the writ petitioner has challenged

the correctness of the employment notification no.11 dated March 4,

2022, as published from the office of the District Judge, Nadia at

Krishnagar whereby and whereunder final panel of the provisionally

selected candidates for the post of Group D (Night Guard) in different

categories have been published.

2.    Learned advocate for the writ petitioner contended that the said

employment notification dated March 4, 2020 is suffering from patent

illegality in view of the fact that in the said list no cut off of marks in the

category of OBC (B) has been given and thus finding no other alternative

the writ petitioner submitted an application under RTI Act with the

respondent no.2/authority but in reply to such RTI though the SPIO ,

District Judges' Court, Krishnagar, Nadia has provided the number of the

writ petitioner (who was in the panel of wait listed candidates) but the

number of the selected candidates for the self same post in the category of

OBC(B) has not been provided for comparing with the marks obtained by

the petitioner.

3. Upon hearing the learned advocate for the writ petitioner and on

perusal of the entire materials as placed before this Court this Court finds

that the present writ petitioner has not filed any representation either

with the respondent no.2 or with respondent no.3 for providing the marks

received by the selected candidates in the OBC(B) category i.e. Nabin Pal.

4. In view of such this Court proposes to dispose of the instant writ

petition in the manner indicated hereunder.

5. Liberty is given to the present writ petitioner to submit a copy of the

instant writ petition (which may be treated as a representation by

respondent no.3) or a separate representation on the basis of the instant

writ petition before the respondent No. 3, that is, the District Judge,

Nadia cum Chairman, District Recruitment Committee 2 Nadia within a

month from the date of passing of this order.

6. It is further directed that the District Recruitment Committee,

Nadia shall consider such representation of the present writ petitioner

after giving the present writ petitioner an opportunity of hearing and shall

pass a reasoned order within one month from the date submission of

such representation.

7. It is also made clear that a copy of the reasoned order shall have to

be forwarded to the present writ petitioner either by hand to hand or by

registered post with A/D or by email within a week from the date passing

of the reasoned order as directed above. It is made clear that while

disposing the instant writ petition this Court has not gone into the merits

of the instant writ petition and, thus, before the District Recruitment

Committee, Nadia all the points as raised in this writ petition are kept

open including the entitlement of the writ petitioner to obtain information

with regard to the marks secured by selected candidate Nabin Pal for the

post of Group D (Night Guard) in OBC (B) category.

8. With the aforementioed observation, the instant writ petition being

WPA 12841 of 2022 is disposed of.

9. Parties to act on the server copies of this order.

10. Urgent Photostat certified copy of this judgement, if applied for, be

given to the parties on completion of usual formalities.

(Partha Sarathi Sen, J.)