20.01.2026 Court No. 02 Item No.14 (Suvendu) WPA 29826 of 2025 Sk. Guddu & Ors. -Versus- The State of West Bengal & Ors. Mr. Mukteswar Maity Mr. Manika Sarkar …..for the petitioner Mr. Ayan Chandra Roy Mr. Sutanu Chakrabarti ….for the State 1) Affidavit of service filed on behalf of the petitioners is taken on record. 2) It has been submitted on behalf of the petitioners that petitioners were appointed by the concerned authority of Government of West Bengal in Medical College and Hospital, Kolkata as COVID volunteers during COVID-19 pandemic and subsequently their service was discontinued. Petitioners pray for issuance of mandamus thereby directing the concerned respondent authority to reinstate the petitioners or to provide them alternative employment in Government establishments. 3) Prayer made on behalf of the petitioners is opposed by the learned advocate representing 2 State respondents and it is submitted that functioning as COVID volunteers during COVID-19 pandemic does not confer right upon the petitioners to be made permanent employee in any establishment under Government of West Bengal. 4) On query being posed to learned advocate representing the petitioners, no engagement letter is produced nor enclosed to this writ petition. However, certificates issued by the Medical Superintendent-cum- Vice Principal, Medical College and Hospital, Kolkata which are annexed to the writ petition are relied upon. From said certificates it appears that petitioners functioned as COVID volunteers in Government Medical College and Hospital. If this Court proceeds on the premise that petitioners functioned as COVID volunteers during COVID-19 pandemic, same does not confer right upon the petitioners to claim permanency in service. 5) As no enforceable right is created in connection with service of the petitioners mandamus ought not to be issued to protect the right of the petitioners since petitioners functioned as COVID volunteers during COVID- 19 pandemic. 3 6) In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2006 (4) SCC Page 1, State of Karnataka Vs. Umadevi. 7) In aforesaid conspectus, writ petition stands dismissed. 8) There shall be, however, no order as to costs. 9) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)