Calcutta High Court (Appellete Side)
The State Of West Bengal & Ors vs Sayed Mahabub Ali & Ors on 12 June, 2023
12.06.2023
Item no.7.
Court No.6.
AB
M.A.T. 490 of 2023
With
IA CAN 1 of 2023
IA CAN 2 of 2023
The State of West Bengal & Ors.
Vs
Sayed Mahabub Ali & Ors.
Mr. Jahar Dutta,
Mr. Bipin Ghosh ....for the Appellants.
Mr. Golam Mastafa,
Mr. Subir Sabud,
Mr. T. S. Samanta ....for the Respondent No.1.
By consent of the parties, the appeal and the
applications are taken up for hearing together.
In re : IA CAN 1 of 2023
This is an application for condonation of delay of
116 days in filing the appeal. Causes shown being
sufficient, the delay is condoned.
I A CAN 1 of 2023 is, accordingly, disposed of.
In re : MAT 490 of 2023, IA CAN 2 of 2023
A judgment and order dated September 30,
2022, whereby the writ petition of the respondent no.1
herein being WPA 6960 of 2020 was disposed of, is
under challenge in this appeal.
The operative portion of the order under appeal
reads as follows:
"As indicated above, the District Nodal Officer by
Order dated 26.07.2010 cancelled the panel prepared by
the Managing Committee of Khanjapur Madhyamik
Shiksha Kendra and directed initiation of the process of
selection for engagement of Samprasarak for the vacant
post in Khanjapur Madhyamik Shiksha Kendra as per the
existing rules of the Government.
Since the aforesaid direction of the District Nodal
Officer has been upheld by the Division Bench, I feel that it
will not be wise to interfere with the Order passed by the
District Nodal Officer. Bearing in mind of the aforesaid
Order of the District Nodal Officer, the writ petition may be
disposed of by passing the following direction.
The Managing Committee of Khanjapur Madhyamik
Shiksha Kendra, Dakshin Dinajpur is directed to initiate
the process of selection for engagement of Samprasarak
/Samprasarika in Geography for the vacant post in
Khanjapur Madhymik Shiksha Kendra denovo as per the
existing rules of the Government and the Managing
Committee will allow the petitioner to participate in the
selection process. While selection would be conducted
preference would be given to the candidature of petitioner.
The Managing Committee of the Shiksha Kendra is directed
to complete the selection process within sixty days from the
date of communication of this Order."
Learned Advocate for the State/Appellant says
that the order could not be carried out because there
is a Government Order dated January 1, 2010, bearing
no.5671-PN/O/I/O-7/2009, which is to the following
effect:
"Engagement of Samprasarak/Samprasarika, Mukhya
Samprasarak/Mukhya Samprasarika in any vacancy of
Madhyamik Shiksha Kendra is hereby stopped with effect
from 01.01.2010 until further orders. The Panchayat
Samitis will not approve any panel for engagement of
Samprasarak/Samprasarika, Mukhya Samprasarak/
Mukhya Samprasarika with effect from 01.01.2010. The
panel already approved by the Panchayat Samiti till 31-12-
2009 will not come under the purview of this order. Where
the Managing Committees of Kendras have already started
selection process for engagement of Samprasarak/
Samprasarika, Mukhya Samprasarak /Mukhya
Samprasarika etc. the same shall be cancelled and has to
be notified by them in this regard."
From the impugned order, it does not appear
that the aforesaid Government Order was placed
before the learned Single Judge. There is no mention
of that order in the judgment and order under appeal.
Although learned Advocate for the State says that
attention of the learned Judge was drawn to the
Government Order, we have to go by the order of the
learned Judge, which is under appeal.
We do not interfere with the order under appeal.
However, if the State is entitled to in law to approach
the learned Single Judge for review of the judgment
and order assailed before us on the strength of the
aforesaid Government Order dated 1.1.2010, the State
would be at liberty to do so in accordance with law.
Since we have not called for affidavits, the
allegations in the stay application are deemed not to
be admitted by the respondents.
M.A.T. No.490 of 2023 is, accordingly, disposed
of along with IA CAN 2 of 2023.
Urgent photostat certified copy of this order, if
applied for, be supplied expeditiously after compliance
with all the necessary formalities.
(Arijit Banerjee, J.)
(Rai Chattopadhyay, J.)
