Sanat Kumar Mondal v. West Bengal Transport Corporation Ltd. And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 01 25.7.2025 Sc Ct. no.2 WPA 9557 OF 2025 ------------- Sri Sanat Kumar Mondal Vs.
West Bengal Transport Corporation Ltd. & Ors.
Mr. Srinjay Sengupta Mr. Saurav Roy Mr. Prasenjit Jana Mr. Subrata Ghosh.
....For the Petitioner Ms. Poulami Chattopadhyay Mr. Niladri Bhattacharjee.
....For the Respondents Mr. Srinjay Sengupta, learned Advocate appears for the petitioner.
Ms. Poulomi Chattopadhyay, learned Advocate appears for the respondents.
On the prayer of the learned Advocate for the petitioner, leave is granted to the petitioner to file two supplementary affidavits, one is affirmed on June 23, 2025 and the other one on July 18, 2025. The supplementary affidavits are taken on record. Copies have already been served, as this Court has been informed by the learned Advocate for the petitioner. The petitioner at present is working as Senior Engineer with the respondent no.1. The petitioner is an aspirant for the promotional selection process to the post of Chief Engineer. The interview is scheduled on July
29, 2025. The petitioner has been selected for the interview on the day it is scheduled. The petitioner is a Scheduled Caste individual. He claims reservation under 50-Point Roster under the provisions of the West Bengal Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Act, 1976.
The petitioner has submitted its representation dated April 11, 2025, Annexure - P4, at page 21 to the writ petition but the same has not yet been disposed of. In view of the above, subject to the conditions imposed hereinafter the necessary directions are passed. The respondent no.3 upon issuing a prior hearing notice of at least three working days to the petitioner and after granting him an opportunity of hearing shall dispose of the said representation dated April 11, 2025, at page 21 to the writ petition by passing a reasoned order in accordance with law.
The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of three weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner positively within a further period of one week from the date of the said reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the rival claims of the parties. All points
are kept open for the decision to be taken by the respondent no.3.
The petitioner shall participate in the interview scheduled on July 29, 2025 without prejudice to his rights and contentions and his assessment in the interview shall not be published till the reasoned order is passed and the same shall be kept in a sealed cover with the appropriate authority.
Finally, the assessment and performance of the petitioner in the interview process shall be published/announced after the reasoned order shall be made and communicated to the petitioner and the same shall abide by the result of the reasoned order. It is made clear that, while assessing the petitioner in the interview process, the same shall be an independent assessment and the selection authority shall not be influenced by any observation made by this Court. In the event, the petitioner ultimately becomes successful in the interview process, his fate in the promotional selection process shall be considered in accordance with law.
This order shall not create any right or equity in favour of the petitioner under any circumstance, if he does not succeed to his contention strictly in accordance with law.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions, this writ petition, WPA 9557 of 2025 stands disposed of, without any order as to costs.
The parties shall act on the service copy of this order duly downloaded from the official website of this Court.
(Aniruddha Roy, J.)