Arindam Roy v. State Of West Bengal And ORS.

AJ/SK Ct. No. 16 06.07.2021 W.P.S.T. 51 of 2021 (Via Video Conference) Dr. Arindam Roy Vs.

The State of West Bengal & Ors.

Mr. Debasish Kundu, Mr. Souma Subhra Roy.

....for the petitioner.

Mr. Tapan Kumar Mukherjee, Mr. Sonmath Naskar.

....for the State respondent.

The writ petitioner challenged the notification dated 30th December, 2019 belatedly. The merits of such challenge has not been decided. The petitioner did not participate in the selection process as it might have jeopardized his case in the event of challenge as in such event it could be contended that the petitioner having participated in the selection process is now estopped from challenging the notification.

We are not impressed with such argument.

The writ petitioner could have participated in the selection process after raising dispute and questioning the validity of the notification. However, it appears that the challenge to the notification was made almost after one year by which time the selection has progressed substantially and concluded.

Having considered the materials on records, we find no reason to interfere with the order passed by the learned Administrative Tribunal.

The writ petition stands dismissed.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Hiranmay Bhattacharyya, J.) (Soumen Sen, J.)