Dip Halder v. Union Of India And ORS

08.04.2025

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction M/L. Sl. No. 40 Appellate Side Moumita WPA 6384 of 2025 Dip Halder Vs Union of India & Ors.

Ms. Kavita Saraf Mr. Shounak Mondal ...for the Petitioner Mr. Arun Kumar Upadhyay ...for Respondent no. 1 to 5 Mr. Shonak Mondal, learned advocate appears for the petitioner.

Mr. Arun Kumar Upadhyay, learned advocate appears for respondent nos. 1 to 5.

The sole grievance of the petitioner is that, the petitioner's representation dated February 20, 2025 annexure p-5 at page 16 to the writ petition has not yet been considered.

On perusal of the said representation this court is of the view that the petitioner cannot ask for facilitating the selection process, as the same is the prerogative of the selection commission. However, the first part of quarry that why his name did not appear instead a candidate who secured lesser mark featured in the merit list, the same can be disposed of by showing the reasons.

Accordingly, the respondent no. 2 shall consider and dispose of the said representation of the petitioner dated February 20, 2025 by showing the reasons to the petitioner only to the extent indicated above. The respondent no. 2 shall in writing inform the petitioner. The exercise shall be carried out and completed by the respondent no. 2 positively within a period of four weeks from the date of communication of this order. It is made clear that this court has not gone into the merits of the writ petition.

It is also made clear that this order shall not create any right or equity in favour of the petitioner. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 6384 of 2025 stands disposed of, without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)