Calcutta High Court (Appellete Side)
Bipul Kumar Biswas & Ors vs Union Of India & Ors on 13 September, 2019
1
3 13.9.19
with
xcept item no. 414) 408 to 421
Sc W.P.C.T. 49 OF 2017
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Bipul Kumar Biswas & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 69 OF 2017
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Paritosh Kumar Majumder & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 68 OF 2017
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Kanchan Das & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 67 OF 2017
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Abhishek Ghosh & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 70 OF 2017
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Samrat Halder & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 71 OF 2017
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Subhankar Sardar & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 31 OF 2017
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Tapas Mondal
-vs.-
Union of India & Ors.
2with W.P.C.T. 132 OF 2017
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Subhendu Deb & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 73 OF 2017
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Sanjiban Mondal & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 72 OF 2017
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Krishnendu Das
-vs.-
Union of India & Ors.
with W.P.C.T. 315 OF 2016
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Susovan Tikadar
-vs.-
Union of India & Ors.
with W.P.C.T. 294 OF 2016
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Alok Saha & Ors.
-vs.-
Union of India & Ors.
with W.P.C.T. 313 OF 2016
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Bidyut Mahanta
-vs.-
Union of India & Ors.
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3Mr. Bikash Ranjan Bhattacharya Mr. Sudipta Dasgupta Mr. Bikram Banerjee Ms. Dipa Acharya.
..For the Petitioners in WPCT 49 of 2017.
Mr. S. K. Datta Mr. Barun Chatterjee.
..For the Petitioners in WPCT 69 of 2017 WPCT 67 of 2017 WPCT 70 of 2017 WPCT 71 of 2017 WPCT 31 of 2017 WPCT132 of 2017 WPCT 73 of 2017 & WPCT 72 of 2017.
Mr. Jayanta Banerjee Ms. Soma Roy Choudhury.
..For the UOI in all the writ petitions.
Ms. Kalpana Bej ..For the added respondent, Mr. Shyamal Das in the concerned writ petition. Mr. Sagarmoy Ghosh ..For the added respondent, Mr. Ujjal Das in the concerned writ petition.
Mr. Salil Kr. Mapdar .. For the added respondent, Ms. Sharmistha Das in the concerned writ petition.
Mr. Amit Kumar Pan ..For the added respondent, Mr. Sudip Nag in the concerned writ petition.
Mr. Pratik Dhar Mr. Kartik Kumar Roy.
..For the added respondents, in WPCT 31 of 2017 in WPCT 294 of 2016 in WPCT 313 of 2016.
Mr. Animesh Paul ..For the added respondent, 4 Mr. Nirupam Bhakat in the concerned writ petition. Mr. Debabrata Roy Ms. Karabi Roy.
..For the added respondent, Ms. Supriya Das in the concerned writ petition.
Mr. Parthasarathi Bhattacharya Mr. B. Nandy Mr. Ujjal Kr. Ray Mr. Arpa Chakrabarty Mr. Rajesh Kr. Shah Mr. Raju Bhattacharya.
..For the added respondents in the concerned writ petitions.
Pursuant to our earlier order, Ms. Soma Roy Choudhury, learned advocate for the railways has provided to the learned advocates-on record for the respective writ petitioners the names and particulars of the candidates who were appointed in furtherance of the impugned selection process and were directed to be brought on record.
Upon receipt of such names and particulars, Mr. Dasgupta, learned advocate has furnished a list. The same shall be retained with the records.
Office Office is directed to incorporate such names in the cause-titles of the writ petitions as added respondents.
Since the appointees have been added as respondents in the respective writ petitions and notices have also been duly served, some of the added respondents are represented by their respective learned advocates. They have voiced a grievance in unison that only notice has been served but not the copies of the pleadings.
5We have been shown that the copies of the pleadings were not directed to be served by our earlier order but only notice was directed to be served. Now that we find that several learned advocates are representing the added respondents, all the learned advocates-on-record for the added respondents shall convey to the respective learned advocates-on-record for the writ petitioners expressing desire to obtain copies of the pleadings. While so conveying, the e-
mail id of the concerned advocates-on-record for the added respondents shall be provided to the learned advocates-on-record for the writ petitioners, who immediately thereafter shall send by e-mail soft copies of the pleadings to the learned advocates-on-record for the added respondents.
Similarly, rest of the added respondents who have not yet engaged learned advocates shall be at liberty to convey their desire in the aforesaid manner for the purpose of obtaining soft copies of the pleadings.
We are informed that despite being selected, the following individuals did not join and their names and particulars may not be included/may be expunged from the cause-title of the respective writ petitions at their own risk and peril :
1. Mr. Biswajit Roy of District Nadia, Village - Ashram Para, P.O. Bagula;
2. Mr. Suraj Rajak, son of Mr. Mahendra Rajak, residing at 17/3, B.D. G. 3rd Lane, Extension Hill View North (near Greeen Park);
3. Mr. Mithilesh Kushwaha, son of Laxmi Kant Kushwaha, residing at C.M.P.F. Colony, Dhanbad, Jharkhand;
4. Mr. Priyabrata Sarkar, son of Bhudev Chandra Sarkar, resident of Village -
Bagati, P.S. - Basirhat, Dist. -North 24-Parganas, 6
5. Mr. Paramesh Debnath, son of late Gour Gopal Debnath, resident of Village
-Chotokobla, Dist. - Vidyanagar;
6. Mr. Soumen Das, residing at 38, Parui Das Para Road, Kolkata - 700 061;
7. Md. Manir Ali Mondal, son of Md. Basir Ali Mondal, resident of Village -
Ghidaha (Rastapara), P. S. - Titagarh, Dist. - 24-Parganas (N);
8. Rabi Sankar Das, son of Smt. Alpana Das residing at 128, Matikol Paschim Para, of Kolkata - 700 065; and
9. Mr. Tarun Kumar Mishra, son of Bishnu Pada Mishra, residing at 36, Nazir Lane, Khidirpore, Kolkata - 700023.
It is submitted by Mr. Debabrata Roy and Mr. Ramdulal Manna, learned advocates that their clients despite being selected, did not accept the offer of appointment. In this view of the matter, their clients' names shall be deleted from the cause-title of the respective writ petitions at their own risk and peril.
They are required to provide necessary information in this regard to the office for expunging the names of their clients.
Mr. Abhijit Barman, appearing in person, submits that he did not participate in the written test; therefore, his name and particulars may also be expunged from the concerned writ petition. His prayer too stands allowed at his own risk and peril.
The added respondents shall be at liberty to file their affidavits-in-
opposition by 15th November, 2019; affidavits-in-reply thereto may be filed by 29th November, 2019.
7ACO Put up the writ petitions for consideration on 6th December, 2019 under the heading "For Order".
(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)