Petitioner, a third empanelled candidate for a Laboratory Attendant post, sought appointment. The judge dismissed the petition, noting the 2016 panel expired within a year and thus no right existed to seek relief at a late stage.
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18.08.2021 SL No. 44 Court No. 24 (P.M.)
WPA 9525 of 2021
Samiran Maity Vs The State of West Bengal & Ors. (Via Video Conference)
Mr. Anil Kumar Chattopadhyay
… for the petitioner
The petitioner being the third empanelled candidate for the post of Laboratory Attendant seeks for issuance of letter of appointment in his favour.
It appears from records that the petitioner approached this Court on an earlier occasion by filing W.P. 4577(W) of 2016 which was dismissed by an order dated 18th April, 2016 wherein the Court held that as there was only one vacancy and the petitioner being the third empanelled candidate cannot seek any relief in his favour. The Court found that the petitioner did not have a legally enforceable right.
Presently, the petitioner submits that the post in question is still vacant and the authorities may be directed to consider him for being appointed in the said vacant post.
I am afraid that the prayer of the petitioner cannot be allowed. The panel in question was prepared sometime in the year 2016 or prior thereto. The same expired within a period of one year there from. At such a late stage the petitioner cannot pray for any order in respect of the panel
2
which expired long ago. There is no merit in the writ petition.
WPA 9525 of 2021 stands dismissed.
Affidavit of service filed in Court is taken on record. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.
( Amrita Sinha, J.)
2 issues framed by the court
Whether a third empanelled candidate can seek appointment for a post expired one year ago.
Whether a legally enforceable right exists for appointment after the panel's expiry.
Samiran Maity
The State of West Bengal & Ors.
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
