Calcutta High Court (Appellete Side)
Moni Charan Kar vs The State Of West Bengal & Ors on 22 June, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
22nd June,
2011.
(SKB)
W.P. No. 7778(W) OF 2011
Moni Charan Kar
Versus
The State of West Bengal & Ors.
Ms. Rama Halder,
...for the petitioner.
Mr. Kamalesh Bhattacharya, Addl. G.P.,
Mr. Mintu Goswami ......for the State.
Affidavit of service filed in Court today be kept on record.
The writ petitioner participated in the recruitment process initiated by the
District Primary School Council, Paschim Medinipur. It appears that the writ
petitioner had earlier moved another writ petition, being W.P. No.19721(W) of
2009, which was disposed of on 2nd March, 2011. The relevant portion of the
order dated 2nd March, 2011, is quoted hereinbelow:
"Today when the matter is taken up, Mr. Tulsidas Maity, the
learned Advocate, District Primary School Council submitted that the
name of the petitioner no.1 has already been sent to the Director of
School Education for its due approval but no approval could be reached
to the Council.
In view of such submission there remains nothing to be adjudicated.
The writ application is thus disposed of."
Now, in the present writ petition the writ petitioner seeks issuance of a writ
in the nature of mandamus commanding the respondent authorities to take
immediate steps for giving approval to the panel and further directing the respondent authorities to issue necessary appointment letter in his favour.
In view of the earlier order passed on 2nd March, 2011, there is no scope of this Court to pass any further order in this matter. There is no issue that 2 remains to be adjudicated. It is entirely for the respondent authorities to take decision for granting approval to the panel which contains the name of the writ petitioner.
In such circumstances, this writ petition is liable to be summarily dismissed and is according dismissed.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)