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Calcutta High Court (Appellete Side)

Debasish Chaudhury vs The State Of West Bengal & Ors on 24 April, 2023

Author: Aniruddha Roy

Bench: Aniruddha Roy

Court No. 22            IN THE HIGH COURT AT CALCUTTA
24.4.2023                Constitutional Writ Jurisdiction
(Item No. 132)
                                Appellate Side

(AB)
                             W.P.A. 1637 of 2022

                             Debasish Chaudhury
                                      VS
                        The State of West Bengal & Ors

                       Mr. B. N. Ray
                       Ms. Shetparna Ray
                                         .... For the petitioner
                       Dr. Sutanu Kumar Patra
                       Ms. Supriya Dubey
                                              .... For SSC
                       Mr. Pinaki Dhole
                       Mr. Avishek Prasad
                                              .... For the State



                        Pursuant to the direction made by a co-

                 ordinate bench Dr. Patra today has filed an affidavit

                 report on behalf of respondent No. 3 affirmed on June

13, 2022, after extending the time to file it, the same is taken on record. Copy has already been served upon the petitioner.

Mr. Pinaki Dhole, learned counsel appeared for respondent Nos. 1 and 6.

From the report filed on behalf of respondent No. 6 it appeared that, the same had not dealt with the specific stands taken by the petitioner in its writ petition to the effect that in conducting the selection process the reservation policy and/or the reservation mandate in terms of West Bengal Scheduled Castes and Scheduled Tribe (Reservation and Vacancies in Services and Posts) Act, 1976 had not been followed and the selection process was in violation thereof. 2 Considering the above, to address the issue involved in this writ petition, this Court thinks fit that an opportunity must be given to the respondent Nos. 1 and 6 to file an affidavit to deal with the said stand of the petitioner. The other respondents may also avail of such opportunity of filing affidavit.

The respondents shall file its affidavit-in- opposition on or before May 8, 2023. Reply, if any, thereto be filed on or before May 17, 2023.

After completion of the affidavits and/or the time as directed above, parties will be at liberty to mention this matter.

(Aniruddha Roy, J.)