Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 of the Constitution of India dated February 7, 2013 is seeking the following principal relief: - a) A Writ in the nature of Mandamus commanding the respondents and/or their agents and/or subordinates whatsoever to consider the candidature of the petitioner for the post of 'Medical Officer' under West Bengal State Health and Family Welfare Samiti under Adolescent Health Programme of RCH as one of the selected candidate when less meritorious candidates than your petitioner with respect to academic qualification have been already enlisted for counseling to the above post and appointed subsequently in the month of January, 2013; The petitioner moved a similar WP No. 24327 (W) of 2012 in this Court under art. 226. By a decision dated December 19, 2012 that WP was dismissed. Relevant parts of the decision are quoted below: - ....As the issues involved in this writ petition relate to service under the State Government, in my opinion the petitioner ought to have applied before the Tribunal. In these circumstances, this writ petition is dismissed with liberty to the petitioner to apply before the State Administrative Tribunal ....
(2.) ACCEPTING the decision of this Court dated December 19, 2012 the petitioner filed an OA No. 1615 of 2012 in the West Bengal Administrative Tribunal. By an order dated January 24, 2013 the Tribunal granted her leave to withdraw the OA. Relevant part of the order of the Tribunal is quoted below: Ms. Agarwal appearing for the petitioner submits that the present application is required to be filed before the Hon'ble High Court in the form of a writ petition. The Ld. Adv. further submits that liberty may be granted for withdrawal of the application and for filing of the same before the Hon'ble High Court. On hearing the Ld. Adv. and considering the nature of appointment involved in this application, we grant the liberty. The present application is accordingly withdrawn with liberty for filing the same before the appropriate forum.
(3.) THE question is whether the WP is maintainable.;