Judicial review regarding appointment rights cannot be established before confirmation of authority's decision.

29.07.2025 IN THE HIGH COURT AT CALCUTTA Ct. No. 2 Constitutional Writ Jurisdiction Daily List Sl. No. 7 & 8 Appellate Side Moumita WPA 9187 of 2024 Smt. Anita Mahato & Anr.

Vs The State of West Bengal & Ors.

With WPA 9188 of 2024 Smt. Khukumani Mahato & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Subhadip Pramanik ……For the Petitioners in both writ petitions Mr. Tulshi Das Ray Ms. Sabnam De Bardhan, Jr. Govt. Adv.

Mr. Bipin Ghosh ..…For the State-respondents Affidavit-of-service, filed in Court today is taken on record in both writ petitions.

On the prayer of the petitioner, though the writ petitions are fixed for analogous hearing, WPA 9188 of 2024 is taken up for consideration first and then WPA

9187 of 2024 shall be taken up for consideration. On the prayer of Mr. Subhadip Pramanik, learned advocate appearing for the petitioners in both these writ petitions, time to file exceptions on affidavit in both the writ petitions stands extended till today. The exceptions filed in both writ petitions are taken on record. Copies have already been served.

In Re: WPA 9188 of 2024 In the light of the judgment dated January 31, 2023 annexure p-6 at page 56 to the writ petition and in view of the facts that the writ petitioners in WPA 3566 of 2022 have already been given appointment, the learned state counsel shall take instruction from the appropriate authority whether at the present situation appointments can be granted in favour of the writ petitioners in both these writ petitions. The learned state counsel shall make his submissions on the next day.

It is made clear that, this order shall not create any right or equity in favour of the petitioners. Depending upon the instruction comes, this writ petition shall be considered further. In Re: WPA 9187 of 2024 In view of the order already passed in the previous writ petition WPA 9188 of 2024 no further order is required to be passed in this writ petition and the same instruction shall be taken by the learned state counsel in this writ petition also.

Similarly today’s order shall not create any right or equity in favour of these writ petitioners. Depending upon the instruction comes, further hearing shall take place.

Both the writ petitions shall appear under the heading ‘For Orders’ on August 18, 2025 for further consideration.