Madan Mohan Das vs Ashoke Deswali

Jyotirmay Bhattacharya, J.

Re: CAN 6872 of 2014 (Leave to Appeal)

The applicant has filed an application praying for leave to appeal for challenging the order passed by a Learned Single Judge of this Court on 14th May, 2014 in W.P. No. 16227(W) of 2012 by which direction was given upon the Director of Public Instruction to approve the appointment of the writ petitioner/respondent No. 1 herein and to fix the scale of pay as early as possible, preferably within eight weeks from the date of communication of His Lordship''s said order. The applicant intends to prefer an appeal for challenging the said order as a party adversely affected by the said order.

The writ petition was filed by Mr. Chatterjee''s client without impleading the applicant as a party therein, though the applicant claims that he was vitally interested in the lis pending in the said writ petition. The applicant claims that it is he at whose instance an enquiry as to the authentication and/or genuineness of the school leaving certificate of Mr. Chatterjee''s client was held on the basis of an earlier order passed on 16th August, 2011 by another Learned Single Judge of this Court in a writ petition being W.P. No. 7799(W) of 2011 filed by the applicant herein.

Pursuant to the order passed on 16th August, 2011 in W.P. No. 7799(W) of 2011, an enquiry was held by the College authority for ascertaining the genuineness of the school leaving certificate of Mr. Chatterjee''s client and after holding an enquiry, the Governing Body of the College found that the said school leaving certificate of Mr. Chatterjee''s client was an authentic one.

Despite such conclusion was drawn by the Governing Body of the said College with regard to the genuineness of the school leaving certificate of Mr. Chatterjee''s client, no further effective step was taken by the concerned authority for approving the service of Mr. Chatterjee''s client in the post of Hostel Kitchen Attendant/Helper. Accordingly, Mr. Chatterjee''s client moved the present writ petition being W.P.16227(W) of 2012 seeking issuance of direction upon the Director of Public Instruction to approve the appointment of Mr. Chatterjee''s client and for fixation of his pay scale at an early date.

The Learned Trial Judge ultimately allowed the said writ petition being W.P.16227(W) of 2012 by passing an order on 14th May, 2014 and granted the reliefs which were claimed by the writ petitioner therein.

We do not find any apparent illegality in the said order as the College authority after holding an enquiry found that the school leaving certificate of Mr. Chatterjee''s client was a genuine and authentic one. As such, we refuse to grant leave to the applicant herein to file this appeal for challenging the said order passed by the learned Trial Judge of this Court on 14th May, 2014 in W.P. 16227(W) of 2012.

The application for leave to appeal being CAN 6872 of 2014 thus stands rejected.

We make it clear that while disposing of this application for leave to appeal of the applicant, we have not considered the merit of the other writ petition filed by him being W.P. No. 11882(W) of 2013. As such, we do not make any observation with regard to the merit of the said writ petition which may be decided on its own merit.

The appeal need not be registered.

The appeal and the stay application are thus deemed to be disposed of. Let the affidavit-of-service filed in Court today be kept with the record.