SHEKHAR B.SARAF,J. - (1.) An un meritorious appeal is being pursued by the unsuccessful writ petitioners on various points; some founded upon the cause of action pleaded in the writ petition, some alien or de hors to it.
(2.) The writ petition was filed by the petitioners/appellants containing a principal relief for appointment of an Administrator in the institution as per the First Statute of the University and for the disbursement of salaries. The other reliefs are consequential in nature and, therefore, dependant upon the principal relief.
(3.) The Single Bench dismissed the writ petition, as the issue raised before the Court was already set at rest and decided finally in an earlier writ petition, being W.P. 4550 (W) of 2016. The Single Bench succinctly quoted the excerpts from the judgement dated 28th July, 2016 passed in the said writ petition, wherein it has been indicated that the Principal of the college does not come within the definition of West Bengal Homoeopathy Education Service or the West Bengal Homoeopathy Health Service and, therefore, the notification as relied upon by the respondents therein has no manner of application to the Principal of the said college.;