Moumita Paul & Ors vs Sg
2023 Latest Caselaw 7155 Cal

                                                FMA 2054 of 2016
Item-12.
           16-10-2023
                                       Moumita Paul & Ors.
                                                 Versus
  sg
             Ct. 8                       Union of India & Ors.


                        1.

The parties are not represented nor any accommodation is

prayed for on behalf of the parties.

2. The appeal had appeared in the warning list of cases on and

from 19th September, 2023 with a clear indication that the

said matter shall be transferred to the Regular Bench on 6 th

October, 2023. The appeal is again listed today in the main

cause list. All the parties have sufficient notice about the

listing of the matter before the Regular Bench on and from

6th October, 2023.

3. The appeal was filed on 12-04-2016. The record shows that

no attempt has been made to move this appeal after it was

filed. No step has been taken to serve notice and prepare

paper books. It clearly shows that the appellants are not

interested to proceed with the appeal and have virtually

abandoned the appeal.

4. The appeal is arising out of an order passed by the learned

Single Judge on 11th January, 2016 challenging the

recruitment of primary teachers. The centre of controversy

was the Teachers' Eligibility Test (TET) conducted by the

West Bengal Board of Primary Education for appointment of

the Assistant Teachers in Primary Schools all over the West

Bengal. The writ petitioners perceiving an ulterior motive

behind a concerted effect on the part of the Board not to

recruit trained candidates on the posts of primary teachers

but to fill up such posts by appointing candidates who do not

possess requisite training qualification prescribed by the

National Council for Teacher Education (NCTE), despite

that there being sufficient numbers of trained candidates

waiting in the queue for appointment, had exercised their

fundamental rights guaranteed by Article 32 of the

Constitution by approaching the Court seeking redressal of

their grievance.

5. The learned Single Judge dismissed the writ application on

the ground of delay, laches and acquiescence. The reason

would be clear from paragraph 33 onwards of the said

judgment. The learned Single Judge observed that the

petitioner being unsuccessful have indulged in a witch-

hunting campaign, which should not be encouraged and on

that ground declined to give any equitable relief based on the

other decisions.

6. In view of the above, we do not find any reason to interfere

with the order passed by the learned Single Judge. The

appeal fails. The appeal is, accordingly, dismissed.

 (Uday Kumar, J.)                           (Soumen Sen, J.)