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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
Rakhi Chakraborty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1.The aforesaid two matters are taken up together having filed against the similar and identical order.
2. The dispute pertains to the recruitment process initiated way back in the year 2009 for the post of Assistant Teacher in the District of Malda. The spate of litigations in relation to other Districts including the District of Malda came to be filed before this Court and ultimately the bunch of writ petitions pertaining to the District Malda were decided by the Single Bench on 26th April, 2024.
3. It was categorically observed in the said Judgment that all the candidates who were called for the interview in the said recruitment process and have filed the writ petitions before this Court till 25th April, 2024, they shall be entitled to appointments against the existing and future vacancies. It was further observed that even the applications for addition of party having filed before the said timeline, the proposed added candidates shall stand on the same footing with that of the writ petitioners and shall be extended the same benefit. The petitioner’s claim was rejected by the Court solely on the ground that his writ petition came to be filed beyond the deadline set up in
The court held that eligibility for appointments must strictly adhere to established cut-off dates, and prior judicial decisions binding on the current case prevent any relaxation of these deadlines.
The court ruled that a writ petition remained maintainable for appointment relief despite claims of infructuous nature due to previous court orders and established criteria for appointment.
Delay in approaching the court may disentitle a petitioner to obtain discretionary relief, and the original cause of action is crucial in determining delay and laches.
Timeliness in litigation and treating similarly situated individuals equally underscores rights in recruitment processes.
The principle that courts assist vigilant individuals and not negligent ones, particularly in matters of recruitment and appointment, was established.
Courts help vigilant persons and not negligent persons.
Candidates in lower order of merit cannot become entitled merely because they had approached the court earlier. Petitioners had a fresh cause of action for approaching in such situation and their wri....
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