Calcutta High Court (Appellete Side)
(Dr. Awadhesh P. Singh Solanki vs Union Of on 7 May, 2018
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07.05.2018
rrc
A.S.T. 17 of 2018
with
A.S.T.A. 9 of 2018
(Dr. Awadhesh P. Singh Solanki Vs. Union of
India & Ors.)
Mr. Soumya Majumdar
Mr. Rajib Mullick
Mr. Arik Banerjee
Ms. Saheli Sen
Mr. Basabraj Chakraorty
....For the appellant
Mr. Srijan Nayak
.....For the respondent no. 4
Mr. Supratic Roy ......For the respdt. nos. 7 to 9 Re: A.S.T.A. 9 of 2018 A writ petition presented, by the appellant, has been disposed of by a learned Judge of this Court by an order dated 30th April, 2018 with certain directions. Aggrieved thereby, the said order has been carried in appeal before us. An application for stay of operation of the order dated 30th April, 2018 has also been presented by the appellant, which is under consideration before us now.
It appears that the appellant is aggrieved because the learned Judge did not direct re-evaluation of the answer- sheets which he had written pertaining to an examination conducted in June, 2017. In such examination, the appellant had been successful in clearing the theory papers 2 but appears to have fallen short of 13 marks in clearing the practical papers. Whether or not the appellant is entitled to re-evaluation would necessarily arise for decision while the writ appeal is finally heard.
Appearing in support of the application, it is submitted by Mr. Majumder, learned advocate for the appellant that he has received the admit card permitting him to take the theory papers in connection with the examination scheduled on 8th, 9th and 10th May, 2018 at Nilratan Sarkar Medical College & Hospital. He also submits that the appellant had asked for a change of center pertaining to the practical papers of the said examination in terms of the liberty granted by the learned Judge, but till date no decision has been taken.
Learned advocate representing the respondents 7 to 9 submits that the application of the appellant seeking change of center would be considered soon.
Since we have been informed that the medical examination in respect of the practical papers would not be held prior to the third week of May, 2018, we direct the respondent 7 to take an appropriate decision on the application for change of center as early as possible but 3 positively by 14th May, 2018. The appellant shall be informed of such decision immediately after it is taken. The stay application stands disposed of. In the event the decision of the respondent 7 is adverse to the interest of the appellant, he shall be entitled to pursue his remedy in accordance with law.
Re: A.S.T. 17 of 2018 Since the respondents 4, 7 to 9 are represented by their learned advocates, service of notice of appeal on them is dispensed with.
However, steps shall be taken to ensure that the notice of appeal is served on the non-appearing respondents. Let requisite number of informal paper books- printed, typewritten or cyclostyled, as the case may be, be prepared out of court incorporating all the papers used before the learned Judge within 4 (four) weeks from date. The parties shall be at liberty to mention the appeal for hearing after the paper books are made ready. If the paper books are not filed within the time as indicated above, put up the appeal under the heading 'For Orders' (Lawazima).
( Asha Arora, J. ) ( Dipankar Datta, J. )
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