Calcutta High Court (Appellete Side)
Nalini Singha Mahapatra vs State Of West Bengal & Ors on 11 May, 2017
Author: R. K. Bag
Bench: R. K. Bag
1
017.
o.9
W.P. 6135 (W) of 2017
Nalini Singha Mahapatra
Vs.
State of West Bengal & Ors.
Mr. P. S. Bhattacharya,
Mr. Soumik Ganguly.
.....for the petitioner.
Mr. Amitesh Banerjee,
Ms. Munmun Tewari.
.....for the State.
The petitioner has prayed for direction upon the respondents to declare the
vacancy of M.R. Dealership in village Bora Amjhore under Sarenga Block in the district of Bankura by filing this writ petition.
The petitioner claims that on February 9, 2004, the petitioner filed an application for his appointment as M.R. Dealership in response to the declaration of vacancy by the Sub-Divisional Controller (Food & Supplies), Khatra on January 30, 2004. It is contended on behalf of the petitioner that without processing the application of the petitioner, the Sub-Divisional Controller (Food & Supplies), Khatra again issued notice on March 4, 2014 for filling-up vacancy of M.R. Dealership. The petitioner moved this Court by filing W.P. No.17667 (W) of 2014 for not having any reservation for ex-army man in the notice for filling-up the vacancy of M.R. Dealership. On August 11, 2014 learned single Judge of this Court disposed of the writ application filed by the petitioner by observing that there is no vested legal right of the petitioner for preferential treatment which is exclusively in the domain of policy making of the State. Ultimately, on June 9, 2015, the respondent no.6, Sub-Divisional Officer, Khatra conveyed to the petitioner that 2 his application for M.R. Dealership is rejected for unsuitability and moved the higher authority for re-declaration of vacancy for appointment of M.R. Dealership in the village Bora Amjhore under Sarenga Block in the district of Bankura.
Having heard the learned counsel representing the respective parties, I do not think that the petitioner has any vested right to pray for a writ of Mandamus for declaration of vacancy by the State respondents for appointment of M.R. Dealership. Accordingly, I do not find any merit in the present writ application and such, the writ application is dismissed.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.
(R. K. Bag, J.)