14th July, 2026 (D/L No.47) Ct. No.4 (SKB) W.P.S.T. 23 of 2026 Dr. Aniruddha Banerjee Versus The State of West Bengal and others Mr. Bikram Banerjee, Mr. Arka Nandi … for the petitioner. Mrs. Chandreyi Alam, ld. AGP, Mr. Suchindram Bhattacharjee … for the State. 1. The Original Application was filed at a time when the Tribunal was already non-functional for want of any member. 2. Under these circumstances, when the Tribunal was non-functional, the petitioner had a remedy of availing the writ jurisdiction before the learned Single Judge having dealt with the service matters. Instead of availing the remedy before the learned Single Judge, an original application was filed only for the purpose of filing a writ petition before the Division Bench, as if it is arising out of an Original Application. 3. In light of decision of this Bench dated 21.05.2026, passed in WPST 209 of 2025, we do not appreciate such a course of action taken by the writ petitioner. We leave it for the writ petitioner to avail remedy in a writ proceeding before the learned Single Judge having determination of service matters. 2 1. If the petitioner is so desirous to avail the benefit before the Single Bench dealing with the service matters, the petitioner would be required to withdraw the Original Application being O.A. No.701 of 2025 first, which was filed before the Tribunal at a time when the Tribunal was non- functional for want of member/s. 4. We make it clear that we have not expressed any opinion on the merits of the writ petition. 5. The writ petition is disposed of. (Madhuresh Prasad, J.) (Prasenjit Biswas, J.)