Calcutta High Court (Appellete Side)
Dr. Gaurab Ranjan Chaudhuri vs The State Of West Bengal & Ors on 4 September, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
03
04.09.2023
WP.ST 127 of 2023
KAUSHIK
Dr. Gaurab Ranjan Chaudhuri
Vs.
The State of West Bengal & Ors.
Mr. D. N. Ray
Mr. Sankha Ghosh
Mr. M. N. Roy
Mr. B. Nandy
Mr. R. K. Shah
... for the petitioner
Mr. Tanoy Chakraborty
Mr. Saptak Sanyal
... for the State
The writ petition is directed against an order
dated August 24, 2023 passed by the West Bengal
Administrative Tribunal in O.A. 581 of 2023.
By the impugned order, the learned Tribunal
directed the authorities to consider the application made by
the writ petitioner.
Learned advocate appearing for the respondents
raises the issue of maintainability of the writ petition. He submits that, the impugned order was acted upon and that a final order of rejecting the representation of the writ petitioner was passed on August 31, 2023.
Learned advocate appearing for the writ petitioner 2 relies upon (2010) 11 SCC 694 (State of West Bengal Vs. Subhas Kumar Chatterjee & Ors.) in support of his contention that, the learned Tribunal abdicated his jurisdiction by not deciding the issue.
Learned advocate appearing for the State draws the attention of the Court to the post and the advertisement. He submits that, the post of 'Professor' in the burns and plastic surgery was reserved for economically weaker section.
In response to query of a Court as to whether the writ petitioner belongs to a economically weaker section, learned advocate for the writ petitioner seeks time.
In such circumstances, it would be appropriate to permit the parties to file affidavits without prejudice to the point of maintainability of the writ petition.
Let affidavit-in-opposition be filed within two weeks from date; reply thereto, if any, be filed a week thereafter.
List the writ petition three weeks hence.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) 3