Chittaranjan Nayek v. State of West Bengal & Ors.

appellant was the writ petitioner no. 2) and WP 18839 (W) of

#2010. The said two writ petitions were disposed of by a common order dated April 20, 2011 which reads as follows:- the writ “After considering then submissions made by the learned advocates for the parties and upon perusing the two writ petitions, it petitioners appears participated in the recruitment process initiated by the District Primary School Council, North 24 Parganas, pursuant to an order dated 29th January, 2010, passed in W.P. (W) of 2010, but were unsuccessful. 1533 This clear from the affidavit filed on behalf of the Chairman, District Primary School Council, North 24 Parganas, in W.P. 18839 (W) of 2010. In such circumstances, no mandatory order, as prayed for, can be passed. the writ petitioners However, participated in the recruitment process, in the event they come within the zone of consideration at a later date in view of the observations made by this Court in W.P. 18405 (Santosh Kumar Majumder & Ors. Vs. The State of West Bengal & Ors.) on 16th December, 2010, their candidature may be considered by the Chairman of the concerned Council. It is, however, made clear that it is within the (W) of 2010 3 realms of discretion of the Chairman of the concerned Council to take a decision in the matter.” It appears that on the strength of the order dated April 20, 2011, the present appellant approached a learned Judge of this Court by filing WP 29849 (W) of 2014 praying for an order directing the Chairman of the District Primary School Council, North 24 Parganas to appoint him as primary school teacher. The said writ petition was disposed of by the learned Single Judge by an order dated November 20, 2014, which is sought to be challenged in the present appeal. The operative portion of the said order reads as follows:- the Council, “It appears from the said order dated April 20, 2011 that although the petitioner had participated in the recruitment process he was initiated unsucceesful and hence, mandatory order was refused. However, His Lordship observed that in the event the petitioner comes within the zone of consideration at a later date, in view of certain observations made by His Lordship while disposing of another writ petition [W.P. 18405(W) of 2010 (Santosh Kumar Majumder & Ors. vs. The State of West Bengal & Ors)] on December 16, 2010, his candidature can be considered by the Chairman. After the aforesaid order, the petitioner appears to have addressed a representation dated April 20, 2014 to the Chairman of the Council. A statement in such representation reads as follows: “….That on 20.04.2010 the Hon’ble Justice Biswanath Somadder was pleased to dispose of the writ petition by directing the North 24 Parganas District Primary School Council to consider my candidature……” I am of the considered view that there was no mandatory direction of His Lordship upon the Chairman of the Council candidature of consider 4 petitioner, as would be evident from the in His following observation contained Lordship’s order: “….It is, however, made clear that it is within the realms of discretion of the Chairman of the concerned Council to take a decision in the matter……” The petitioner has not been able to demonstrate that he has come within the zone of consideration for appointment by producing any credible evidence. In such view of the matter, consideration does not arise and stands dismissed.” the writ petition We have heard learned Advocate for the appellant. We see no infirmity in the order under appeal. The appellant was unsuccessful having participated in the concerned recruitment process. The learned Judge recorded that the appellant/writ petitioner has not been able to demonstrate that he comes within the zone of consideration. There was no mandate on the Chairman of the Council to appoint the petitioner/appellant. Hence, the learned Single Judge dismissed the writ petition. As indicated above, we see no error in the order under appeal. Accordingly the appeal stands dismissed along with the connected application. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously. (Arijit Banerjee, J.) (Biswaroop Chowdhury, J.)