Satyajit Mondal & Others vs The State Of West Bengal & Others
2023 Latest Caselaw 6736 Cal

04.10.2023
 rpan/16
                                   MAT 1094 of 2023
                                           +
                                IA No.: CAN No. 1 of 2023
                                                    [Sec. 5]
                                           +
                                IA No.: CAN No. 2 of 2023
                                             [Leave to appeal]
                                          +
                                IA No.: CAN No. 3 of 2023
                                                        [Stay]

                              Satyajit Mondal & Others
                                      - Versus -
                           The State of West Bengal & Others


                           Mr. Sayan De,
                           Mr. Kaustuv Shome,
                           Mr. Sayan Kanjilal
                                         ... for the Applicants/Appellants.
                           Mr. Pantu Deb Roy, Ld. AGP
                           Mr. Subrata Guha Biswas
                                       ... for the State/Respondents.

Mr. Shamik Chatterjee, Mr. Aditya Bikram Mahata, Mr. Sahil Kabir ... for the Respondent nos.5-9/ Writ Petitioners.

Affidavit-of-service filed by the applicants be kept on

record.

Mr. De, learned advocate appearing for the

applicants submits that the applicants participated in a

selection process for appointment to the post of

'Banasahayaks'. Upon emerging to be successful in the

said selection process, they were empanelled and

appointed. They are working in the said post since the

year 2020. Suddenly, in the month of May, 2023 they

came to learn that the concerned selection process was

challenged by some unsuccessful candidates in a writ

petition, being WPA 8506 of 2021 and the same was heard

and disposed of setting aside the entire selection process

by an order dated 3rd May, 2003. The applicants were not

impleaded in the writ petition. The said order adversely

affects their rights and as such they may be granted leave

to prefer appeal against the said order condoning a delay

of 14 days in preferring the same.

Mr. Deb Roy, learned advocate enters appearance on

behalf of the State/respondents and submits that after

cancellation of the said selection process, a new

notification was issued but in other appeals preferred by

the selected candidates, the operation of the new

notification and the order dated 3 rd May, 2003 have been

stayed.

Mr. Chatterjee, learned advocate appearing for the

respondent nos.5-9/writ petitioners denies and disputes

the contention of the applicants.

Upon hearing the learned advocate appearing for the

respective parties and considering the materials on record,

we are satisfied with the explanation given towards delay

in filing the application for leave to appeal. Such delay is

condoned and the application, being IA No.: CAN No. 1 of

2023 is disposed of.

As the applicants were the selected candidates and

as the entire selection process had been cancelled without

hearing them, we are of the opinion liberty needs to be

granted to the applicants to prefer the appeal against the

impugned judgment dated 3rd May, 2023 passed in the writ

petition, being WPA No.8506 of 2021 since the said order

adversely affects their rights.

Accordingly, the applicants are granted leave to

prefer appeal against the order dated 3rd May, 2003 passed

in the writ petition being WPA 8506 of 2021 and the

application for leave to appeal, being IA No.: CAN No. 2 of

2023 is disposed of. The office is directed to register the

appeal.

In connection with the appeal an application for

stay, being IA No.: CAN No. 3 of 2023 has also been filed.

Considering the arguments as advanced, we direct that

there shall be an interim order of stay of operation of the

order dated 3rd May, 2023 passed in WPA No.8506 of 2021

and the notification dated 19th May, 2023 till the end of

November, 2023 or until further orders, whichever is

earlier.

We have been informed by the parties that similar

appeals have been fixed for final hearing along with the

connected stay applications on 9th October, 2023.

In view thereof, list the present matter in the daily

supplementary list of this Court on 9 th October, 2023 as

fixed at 2.00 p.m.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)