ANUP RAY Vs. STATEOF WEST BENGAL

JUDGEMENT

(1.) The instant Mandamus Appeal is directed against the order passed by the Learned Single Judge of this Court on 11th December, 2013 in W.P. No. 17661(W) of 2013. By the said order the writ petition filed by the Appellant/Petitioner was dismissed by holding, inter alia, that the issue which was sought to be raised in the writ petition was no more res Integra, and as such the Learned Single Judge declined to entertain the said writ petition. Challenging the said order of the Learned Single Judge of this Court the instant Mandamus Appeal was filed by the writ petitioner. In course of hearing of this appeal, Mr. Majumder, Learned Advocate, appearing for the State Respondent has drawn our attention to the earlier order passed by the Learned Single Judge of this Court in W.P. No. 18405(W) of 2010 (Santosh Kumar Majumder & Ors. vs. State of West Bengal and Ors.) wherein an identical issue was resolved by the Learned Single Judge of this Court. Mr. Majumder, further submits that the disputed panel was approved by the Director of School Education on 9th April, 2010. According to him, as per the provision of Rule 13 of the Recruitment Rules of 2001, the approved panel remained valid for one year from the date of approval by the Director. He further submits that Rule 13 of the said Rule, of course, provides for extension of the validity period but under no circumstances the validity period of the panel could have been extended exceeding one year more. Mr. Majumder, has invited our attention to the date of filing of the writ petition i.e., 12th June, 2013 which in our view was beyond the validity period of the said panel.

(2.) Since the Appellants/Petitioners did not approach this Court within the validity period of the said panel and no satisfactory explanation is also forthcoming from their side for the delay in approaching this Court, in filing the writ petition, we do not find any merit in this appeal.

(3.) The appeal thus, stands dismissed.