ABHA BERA Vs. STATE OF CALCUTTA

JUDGEMENT

(1.) The appellant herein being aggrieved by the order dated November 6, 2006 passed by the learned Single Judge in W. P. No. 28198(W) of 2006 has filed the instant appeal and also filed an application for injunction in connection with the said appeal.

(2.) On examination of the impugned order under appeal, we find that the learned Single Judge refused to extend the interim order granted earlier by the learned Vacation Judge on the ground that such interim order would virtually grant final relief at the admission stage although, according to the learned Judge, a strong prima facie case has been made out by the writ petitioner. We fail to understand what the learned Single Judge actually wanted to mean by using the expression "admission of the present writ petition" when the present writ petition was undisputedly moved for the first time before the learned Vacation Judge on 23rd October, 2006 and the said learned Vacation Judge passed an interim order on the said wirt petition granting interim relief to the petitioner. On reopening of the Court after Puja Vacation the said writ petition was listed before the learned Single Judge on 6th November, 2006 when the said learned Single Judge even after coming to the conclusion that a strong prima facie case has been made out by the writ petitioner refused to pass any interim order on the sole ground that the same would amount to grant of final relief at the admission stage. Scrutinising the writ petition it appears that the writ petitioner prayed for several direction upon the respondent authorities and claimed various reliefs including declaration of Clause 4(B) of the procedure framed under the West Bengal School Service Commission Act as unconstitutional and ultra vires.

(3.) On 23rd October, 2006 the learned Vacation Judge passed an interim order restraining the respondents from giving effect to the order dated 9th September, 2005 issued by the Chairman West Bengal Regional School Service Commission being Annexure P-6 to the Writ Petition and also the subsequent communication dated 27th September, 2006 issued by the Secretary of the concerned school being Annexure P-7 of the writ petition till one week after the vacation or until further order whichever is earlier.