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Calcutta High Court (Appellete Side)

Sukanta Malik vs The State Of West Bengal & Ors on 11 May, 2023

Author: Aniruddha Roy

Bench: Aniruddha Roy

Court No. 22              IN THE HIGH COURT AT CALCUTTA
11.5.2023                  Constitutional Writ Jurisdiction
(Item No. 74-77)
                                  Appellate Side

(AB)
                               W.P.A. 2149 of 2023

                                  Sukanta Malik
                                        VS
                          The State of West Bengal & Ors.
                                        With
                               W.P.A. 2151 of 2023
                                   Subir Naskar
                                        VS
                          The State of West Bengal & Ors.
                                        With
                               W.P.A. 2154 of 2023
                                 Ataul Ali Mollick
                                        VS
                          The State of West Bengal & Ors.
                                        With
                               W.P.A. 2172 of 2023
                                  Monia Khatun
                                        VS
                          The State of West Bengal & Ors.


                         Mr. Ashis Kumar Chowdhury
                         Mr. Avijit Kar
                                            .... For the petitioners
                         Dr. Sutanu Kumar Patra
                         Ms. Supriya Dubey
                                            .... For SSC
                         Mr. Arindam Chattopadhyay
                         Ms. Lipika Chatterjee
                                ...for the State in WPA 2149 of 2023
                         Mr. Bhaskar Prasad Vaisya
                         Mr. Suman Dey
                                ... for the State in WPA 2151 of 2023
                         Mr. Supriyo Chattopadhyay
                         Ms. Sayantanee Bhattacharya
                                ... for the State in WPA 2154 of 2023
                         Mr. Supriyo Chattopadhyay
                         Ms. Iti Dutta
                                ... for the State in WPA 2172 of 2023

                          Affidavits of service filed in Court today, are
                   taken on record.
                          Since identical and common issue is involved

                   in all these four writ petitions, the parties had agreed

                   for analogous hearing of all these four writ petitions.
                 2




       Considering the issue involved in all these writ

petitions that the petitioners claimed the answer given

by the petitioners in respect of question No. 40 in the

1st State Level Selection Test, 2016 for the posts of

Assistant Teachers - History was wrongly assessed,

the respondent Nos. 2 to 5 shall file a report in the

form of affidavit disclosing its stand on the issue.

Mr. Ashis Kumar Chowdhury, learned advocate for the petitioners had relied upon an order dated March 28, 2023 passed by this Court disposing of a writ petition being WPA 524 of 2023 and submitted that in that writ petition identical issue was involved and the Commission had admitted their mistake in so far the answer to question No. 40 and accordingly the mark was awarded in favour of the writ petitioner. A copy of the said order dated March 28, 2023 is kept on record.

The affidavit reports shall be filed on or before June 6, 2023.

These writ petitions shall appears under the heading "For Orders" on June 8, 2023.

A photocopy of this order shall be placed in the record of all the writ petitions.

(Aniruddha Roy, J.)