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Calcutta High Court (Appellete Side)

Bipul Kumar Biswas & Ors vs Union Of India & Ors on 6 December, 2019

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5    06.12.19
Sc

                   W.P.C.T. 49 OF 2017
                          ----------

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

----------

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.

with 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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Mr. Bikash Ranjan Bhattacharya Mr. Sudipta Dasgupta Mr. Bikram Banerjee Ms. Tanushree Roy Ms. Riya Das Ms. Dipa Acharya Mr. Arka Nandi.

..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.

Mr. Sujay Kumar Halder ..For the added respondent, Mr. Samrat Saha in WPCT 49 of 2017.

Ms. Priyakshi Banerjee ....For the concerned added respondent in WPCT 49 of 2017.

Mr. Protik Majumder .. For the added respondent in WPCT 49 of 2017.

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 Petitioners in, in WPCT 31 of 2017 in WPCT 294 of 2016 in WPCT 313 of 2016.

Mr. Tarun Jyoti Tewari .. For the added respondent, 4 Subhra Kanti Biswas in WPCT 49 of 2017.

Mr. Animesh Paul ..For the added respondent, Mr. Nirupam Bhakat in the concerned writ petition. Mr. Bhaskar Seth ....For the added respondent Mr. Parimal Mukherjee in W.P.C.T. 49 of.

Mr. Majumder, learned advocate appears for Mr. Ashok Das, added respondent and submits that Mr. Das had joined the post pursuant to the selection process in question but has since left the post. Written instructions, filed in Court today, shall be retained with the records.

In that view of the matter, the name and particulars of Mr. Ashok Das shall stand deleted from the cause title.

An affidavit has been filed by Ms. Priyakshi Banerjee, learned advocate on behalf of Mr. Prahallad Mondal; it shall be retained with the records. Such affidavit reveals that Mr. Mondal has been serving as a Lower Division Clerk at Central Administrative Tribunal, Calcutta Bench and he was never selected pursuant to the selection process which is impugned.

In that view of the matter, the name and particulars of Mr. Prahallad Mondal shall stand deleted.

Mr. Sujay Kumar Halder, learned advocate appears for Mr. Samrat Saha, added respondent in WPCT 49 of 2017, and submits that he had never participated in the selection process in question and that he is presently a member of the Kolkata Police.

In that view of the matter, the name and particulars of Mr. Samrat Saha shall stand deleted.

An application for addition of party, being CAN 11826 of 2019, is taken up for consideration treating it as on day's list. The applicant not having approached the Central Administrative Tribunal at the first instance, his grievance may not be heard for the first time by a Division Bench of this Court. Accordingly, the application stands dismissed. Liberty is granted to the applicant to pursue his remedy in accordance with law.

Affidavit-in-opposition filed by Mr. Seth, learned advocate on behalf of Mr. Parimal Mukherjee, shall be retained with the records.

The question that would emerge for decision on this writ petition is whether after commencement of the recruitment process, the concept of normalisation of marks could have been introduced by the selection board without even notifying the same to the applicants for ACO the posts. All the parties shall appear to argue their respective cases on next Friday (December 13, 2019), when these writ petitions shall be listed at the top.

Learned advocates for the respondents shall keep the records ready for our perusal.

It is made clear that under no circumstance any prayer for adjournment made by any party shall be granted.

(Protik Prakash Banerjee, J.) (Dipankar Datta, J.)