Calcutta High Court (Appellete Side)
Soumadip Chakraborty vs Calcutta University & Ors on 20 July, 2015
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
W.P. No.15624 (W) of 2015
Soumadip Chakraborty
v.
Calcutta University & Ors.
20.07.15
SL-23
(S.R.) Mr. Saibal Acharyya
Mr. Sougata Mitra ... for the petitioner.
Mr. Dr. Chapales Bandyopadhyay
Ms. Anandamayee Dutta
... for the University of Calcutta.
Mr. Supriyo Chattopadhya
Mr. Sobyasachi Mondal
... for the State respondents.
Upon considering the submissions made by the learned advocates appearing for the respective parties, this court arrived at a prima facie satisfaction about the petitioner's entitlement to participate in the Entrance Test for admission in the First Semester 5 year B.A.LL.B. course of 2015-2016, as would be explicit from the earlier order of this court dated 15th July, 2015.
By the said order, it was observed that steps are required to be taken by the University of Calcutta to accept the online form from the petitioner and accordingly, the date of submission of online form was extended till 21st July, 2015 and the University authorities were directed to file a report pertaining to such online acceptance of form.
Pursuant to such direction, Dr. Bandyopadhyay has placed before this court a communication of the Secretary, Faculty of Law, University of Calcutta. The 2 said communication be kept on record.
Dr. Bandyopadhyay submits that an inclusion of any option in the online portal towards submission of form by the petitioner might have the effect of dislodging or breaking down the entire portal and the entire admission process might be affected and it might not be possible to iron out the consequential difficulties within 26th July, 2015, i.e. the date fixed for the Entrance Test.
I have heard the learned advocates appearing for the respective parties and I have considered the materials on record.
In the conspectus of facts, I am of the opinion that appropriate direction needs to be issued without disturbing the online portal system.
Accordingly, I direct the petitioner to fill up the form as downloaded from the online portal incorporating all the particulars in the said form as sought for, including the date of birth and to submit the same in the office of the Secretary, Faculty of Law, University of Calcutta, 51/1, Hazra Road, Kolkata - 700019 by 22nd July, 2015 along with the application fees by cash.
I further direct the Secretary, Faculty of Law, University of Calcutta to ensure acceptance of the said form as directed to be submitted by the petitioner by 22nd 3 July, 2015.
The Secretary, Faculty of Law, University of Calcutta is also directed to issue provisional admit card in favour of the petitioner positively by 24th July, 2015 so that the petitioner can appear in the Entrance Test, as scheduled on 26th July, 2015.
It is made clear that such participation in the examination shall not create any equity in favour of the petitioner.
The respondents would be at liberty to file an affidavit-in-opposition within three weeks from date. Reply thereto, if any, be filed within a week thereafter.
The parties would be at liberty to mention the matter before the appropriate Hon'ble Court after expiry of the period fixed above towards exchange of affidavits.
Let a plain copy of this order duly countersigned by the Assistant Registrar Court be made available to the learned counsel appearing for the parities on usual undertaking.
(Tapabrata Chakraborty, J.)