LAWS(CAL)-2013-6-104

MEGHNATH NASKAR Vs. STATE OF WEST BENGAL

Decided On June 24, 2013
Meghnath Naskar Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) 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. 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.

(2.) 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.

(3.) 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.