Research › Search › Judgment

Calcutta High Court · body

2013 DIGILAW 366 (CAL)

Meghnath Naskar v. State of West Bengal

2013-06-24

BISWANATH SOMADDER

body2013
JUDGMENT : Biswanath Somadder, J. Four hundred and seventy three individuals - without having any jural relationship between them - have joined together as co-petitioners to file the instant writ petition citing common cause of action. The records demonstrate palpably that the petitioners may have identical cause of action, but such cause of action is required to be espoused not in a single joint writ petition, but independently, by way of several writ petitions. It is also noticed from the instant writ petition that Court fees for only one writ petitioner has been paid. 2. In such circumstances, the writ petition shall stand dismissed so far as the writ petitioner nos. 2 to 473 are concerned, with liberty to the said petitioners, however, to approach this Court by filing separate and individual writ petitions, if so advised. 3. Coming to the merit of the matter, it appears that the petitioner has approached this Court praying, inter alia, for cancellation of an advertisement published by the West Bengal Board of Primary Education dated 24th May, 2013, for recruitment of Assistant Teachers in Government Aided/Sponsored Primary/Junior Basic Schools under the District Primary School Councils of West Bengal. It is the case of the petitioners that they are organiser teachers in respect of the primary schools spread over different districts of the State. According to them, such organised primary schools were granted recognition in 1980, but the petitioners were not given appointment, although they are entitled to be approved as primary school teachers on the strength of long continuous work in different organised primary schools. In such a factual backdrop, they have approached this Court, praying for such reliefs, as stated above. 4. The impugned advertisement has been annexed to the writ petition, being annexure "P-12" at page 214. In such a factual backdrop, they have approached this Court, praying for such reliefs, as stated above. 4. The impugned advertisement has been annexed to the writ petition, being annexure "P-12" at page 214. A bare glance at the advertisement reveals that it has been published pursuant to an order of the Hon'ble Supreme Court of India, dated 9th May, 2013, and is confined to only those who were parties before this Court in Writ Petition No.15632 (W) of 1998, with reference to an application for impleadment made before it, on which orders were passed on 31st October, 2003, as specified in the order dated 2nd February, 2011, passed in SLP (C) No.15253/2006 and SLP (C) No.14897 of 2008 by the Hon'ble Supreme Court and the orders dated 24th January, 2013 and 9th May, 2013, passed by the Hon'ble Supreme Court. 5. It is thus clear that only those who were parties in the aforementioned writ petition, which ultimately went up before the Hon'ble Supreme Court, could participate in the recruitment process in response to the advertisement dated 24th May, 2013, published by the West Bengal Board of Primary Education. At this stage, it is noticed that a statement has been made in paragraph 16 of the instant writ petition, which reads as follows: "16. All the petitioners are denied the opportunity to get appointment as organiser teacher and although the petitioners' were parties in the writ proceeding in High Court, they are denied the opportunity to apply due to qualification bar. The Rule has been wrongly applied in respect of recruitment of petitioners and as such the Advertisement and Notice dated 25.04.2013 is liable to be set aside." 6. However, when specifically asked by this Court, the learned advocate representing the petitioners has not been able to produce even a shred of evidence in support of the above statement to the effect that the writ petitioners were - In fact - parties in WP No.15632 (W) of 1998, wherefrom the matter went up before the Hon'ble Supreme Court, which ultimately resulted in passing of the order dated 9th May, 2013, being the genesis of the advertisement dated 24th May, 2013. 7. The learned advocate for the petitioners submits that it is a result of wrong drafting. 8. 7. The learned advocate for the petitioners submits that it is a result of wrong drafting. 8. It is clear that the petitioners have no locus standi to file the instant writ petition, challenging the advertisement dated 24th May, 2013, issued by the West Bengal Board of Primary Education. The only reason for having made such a statement in paragraph 16 of the writ petition was to deliberately mislead this Court. In such circumstances, this Court does not find any merit in the writ petition, which is liable to be summarily dismissed and is accordingly dismissed with costs assessed at 50 G.Ms. to be deposited with the Calcutta High Court Legal Services Committee. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.