Calcutta High Court (Appellete Side)
Mithun Aich & Ors vs State Of West Bengal & Ors on 28 November, 2016
Author: Arindam Sinha
Bench: Arindam Sinha
1
/11/2016
Biplab W.P. 30744 (W) 2014
+
CAN 5752 of 2016
With
W.P. 30811 (W) 2014
+
W.P. 29606 (W) of 2014
+
CAN 11636 of 2014
+
CAN 9016 of 2015
+
CAN 5827 of 2016
With
W.P. 29607 (W) of 2014
+
CAN 9809 of 2015
With
W.P. 30510 (W) of 2014
With
W.P. 31824 (W) of 2014
+
CAN 10910 of 2016
With
W.P. 31563(W) of 2014
+
CAN 11311 of 2015
With
W.P. 18325 (W) 2012
With
W.P. 18609 (W) 2012
MITHUN AICH & ORS.
-VS-
STATE OF WEST BENGAL & ORS.
Mr. Bimal Kumar Chatterjee, Sr. Adv.
Mr. Soumen Kr. Datta, Adv.
Mr. Subhas Jana, Adv.
Md. Neru Gulam, Adv.
.......... For the petitioners
Mrs. Asha. G. Gutgutia, Adv.
............ For the Respondent
Mr. Bhaskar Prasad Vaisya, Adv.
Mr. Ranjan Saha, Adv.
Mr. Gourav Das, Adv.
........... For South 24 Parganas District Primary School Council Mr. L. K. Gupta, Sr. adv.
2Mr. Subir Sanyal, Adv.
Mr. Ratul Biswas, Adv.
.......For Howrah District Primary School Council.
Mr. Sadananda Ganguli, Adv.
Mr. Pinaki Dhole, Adv.
.........For the State.
Mr. Shamim Ul Bari, Adv.
........................ For DPSC, Malda.
This reference in so far as the same arises out of WP No.31563 (W) of 2014 (Himangshu Mondal & Ors. -vs- State of West Bengal & Ors.), tagged with several other writ petitions, arises out of the following views expressed by the learned Single Judge in its order dated 24.12.2014.
"Although in view of such order this Bench could have proceeded with hearing of these writ petitions but considering the observations made in the judgment and order dated December 2, 2014, these writ petitions are directed to be placed for further consideration before an Hon'ble Division Bench, upon obtaining orders from the Hon'ble the Chief Justice. It is further directed that the undertaking given on behalf of the DPSC, 24-Pgns. (S) shall continue until contra order is passed by the Hon'ble Division Bench. This Bench also directs the parties to file second set of pleadings."
The difficulty experienced by the learned Single Judge was foreseen by the Division Bench while passing the order dated 2nd December 2014 which is why the Division Bench by its order dated 2nd December 2014 passed in AST 419 of 2014 issued the following direction.
"While approving the said Government Order the Division Bench of this Hon'ble Court also directed the Council to complete the entire selection process in terms of the modalities which were worked out by the Government as mentioned in the said Government Order dated 21st June, 2012. Thus, for all practical purpose 3 the said Government Order merged with the order passed by the Division Bench of this Hon'ble Court in the Mandamus Appeal being F.M.A. No.3116 of 2013. May be that the Government Order dated 21 June, 2012 was challenged from a different angle but still then when the Division Bench approved the said Government Order, resulting in its merger with the order of the Division Bench, we feel that under such circumstances, instead of filing a separate writ petition before the Writ Court, the Division Bench of this Court should have been approached with an application for review along with a prayer for the addition of the writ petitioner in the main proceeding so that the order passed by the Division Bench of this Hon''le Court could have been considered again in the context of the challenge which the writ petitioners are now seeking to raise in the present writ petition in view of the judgment of Hon'ble Supreme Court reported in 2005 912) SCC 149 - National Housing Co-operative Society Ltd. -vs- State of Rajasthan & Ors."
In order to avoid multiplicity of judicial proceedings we are of the opinion that this reference should be treated as a review application of an order dated 9th June, 2014`passed in FMA 3116 of 2013 which may be heard out upon notice to the parties of the aforesaid FMA 3116 of 2013. The order sought to be reviewed reads as follows:-
"The Council is thus, directed to complete the entire selection process in terms of the order passed by the Principal Secretary to the Government of West Bengal on 21st June, 2012 as early as possible and positively within a period of three months from the date of communication of this order, so that the selection process can be completed without any further delay."
Considering the urgency of the matter the Division Bench is requested to give some precedence to this matter. Needless to mention that the other writ petitions which were tagged while passing the order dated 24th December 2014 have also to await a decision in the review.
4(Girish Chandra Gupta, Chief Justice) (Arindam Sinha, J.) 5