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Calcutta High Court (Appellete Side)

Ag (Rajib Mondal vs The W. B. Board Of Primary Education & ... on 21 August, 2015

Author: Debangsu Basak

Bench: Debangsu Basak

1 W. P. 20121 (W) OF 2015 21.08.2015 ag (Rajib Mondal -vs- The W. B. Board of Primary Education & Ors.) Sl. No.13 Court no.13 Mr. Kajal Ray - for the Petitioner Mr. Subir Sanyal Mr. Ratul Biswas - for the Board Mr. Kamalesh Bhattachazrya Mr. Aninda Bhattacharya - for the D. P. S. C. Affidavit of service filed today is kept with the record. The writ petitioner claims that he was not allowed to enter the office of the Chairman/Chairperson of the concerned District Primary School Council for collecting documents to appear in the forthcoming Teacher Eligibility Test (hereinafter referred to as 'the TET'), as he had not downloaded the acknowledgement receipt of the earlier TET. He is an unsuccessful TET 2012 candidate. Relying upon a notification dated July 5, 2015, it has been submitted on behalf of the writ petitioner that he should be allowed to participate in the forthcoming TET. He claims that he has made a general diary to the effect that he has not been allowed to enter the office of the Chairperson. He has also made a representation to the Chairperson of the concerned council. It is contended on his behalf that the Chairperson should be directed to consider and dispose of the said representation.

The Board and the Council authorities are represented. Referring to the notification dated July 5, 2015 issued on behalf of the Board, it is contended by the learned counsel appearing on behalf of the Board that a time period was fixed for the persons who are not in possession of the original TET admit card or do not have photocopies thereof along with downloaded acknowledgement receipt or photocopies of the TET 2012 examination. It is further 2 contended that the writ petitioner did not attend the office and therefore, has lost his chance.

I have considered the rival contentions of the parties and the materials made available on record.

Although in paragraph 9 of the writ petition it has been averred that the writ petitioner lodged a general diary to the Egra Police Station on July 23, 2015, no such copy of the general diary is annexed to the writ petition. I have called upon the learned counsel for the writ petitioner to produce a copy of the general diary made on that particular date. The learned counsel could not produce the copy of the general diary.

In such circumstances, the averments to the contrary in the writ petition are disbelieved. Since the writ petitioner did not make any attempt to comply with the notification dated July 5, 2015, no useful purpose would be subserved by directing the Chairperson of the concerned Council to dispose of the representation made by the writ petitioner.

I find no merit in the instant writ petition. The same is dismissed without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.

(Debangsu Basak, J.)