Utpal Mandal & Anr vs The West Bengal Co-Operative ...
2023 Latest Caselaw 219 Cal

   D/L
Item No. 2
09.01.2023
 KOLE
                                FMA 868 of 2021
                                    With
                              IA No. CAN 1 of 2021

                            Utpal Mandal & Anr.
                                  -Vs.-
                  The West Bengal Co-operative Service
                           Commission & Ors.


             Mr. Asim Banerjee,
             Mr. A. B. Chakraborty
                                                       ... for the appellants.

             Mr. Pradip Kumar Roy,
             Mr. J. Roy,
             Mr. Ankit Sureka,
                                         ... for the respondent nos. 1 and 2.

Mr. Srijan Nayek, ... for the respondent no. 3.

By consent of the parties the appeal and the

application are taken up for hearing together.

This appeal is directed against a judgment and order

dated March 25, 2021, whereby the writ petition of the

appellants, being WPA 5921 of 2021 was dismissed.

The writ petitioners challenged the process of

recruitment of Upper Education Clerks conducted by the

West Bengal Cooperative Service Commission pursuant to

advertisement No. 01 of 2020. The Learned Judge, apart

from negating the grounds of challenge raised by the writ

petitioners, further recorded that the writ petitioners having

even otherwise participated in the selection process, they

cannot be permitted to now turn around and challenge the

same.

We do not find any apparent infirmity in the order of

the learned Single Judge. Hence, we do not touch that order.

However, the learned Advocate for the

appellants/writ petitioners says that two representations

dated February 1, 2021 and February 10, 2021 (pages 35 and

37 of the writ petition respectively) have been made by the

appellant nos. 1 and 2 respectively, addressed to the

Secretary of the West Bengal Cooperative Service

Commission. He says that such representations should be

considered.

Mr. Roy, learned Advocate, representing the Service

Commission says that there is absolutely no merit in the

representations.

We are of the view that since representations have

been made, the same may be considered and if the

Cooperative Service Commission is of the opinion that the

same are meritless, nothing will prevent them from rejecting

the representations.

Accordingly, we direct the Secretary of the West

Bengal Cooperative Service Commission to consider and

dispose of the representations made by the appellants (pages

35 and 37 of the writ petition), in the light of all relevant

documents including Annexure P5 to the writ petition, by a

reasoned order, in accordance with law, after giving an

opportunity of hearing to the appellants within a period of

four weeks from the date of communication of this order.

The decision so taken shall be communicated to the

appellants within a week from the date of the decision. The

Secretary to the Service Commission shall decide the

representations without being influenced by any observation

in the order of the learned Single Judge or in this order.

The appeal and the stay application are, accordingly,

disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)