Bikash Chandra Sardar v. Union Of India And ORS.

13.08.2021 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Via Video Conference) WPA 11480 of 2021 Bikash Chandra Sardar Vs.

Union of India & Ors.

Mr. Lakshminath Bhattacharya ... For the petitioner.

Mr. Partha Ghosh, Mr. Brajesh Jha ... For Union of India.

Pursuant to the order dated 3rd August, 2021, Mr. Partha Ghosh, assisted by Mr. Brajesh Jha, appearing on behalf of the respondents, produces a copy of a memo bearing No.A.VI-1/2018Rectt (SSB)CT/GD-2018 dated 8th April, declaring final result of CT/GD Examination 2018. It appears from serial no.16 of the said list that the petitioner has been found to be medically fit for his candidature being considered by the Staff Selection Commission (in short, SSC). Mr. Ghosh further hands over a copy of an electronic mail sent by Mr. U. K. Mukherjee, Deputy Director, SSC, dated 5th August, 2021 addressed to Mr. Ghosh, wherefrom it appears that the petitioner has been reported to be medically fit in the Review Medical Examination (in short, RME). These two documents are taken on record. Mr. Ghosh also submits that the list of

successful candidates will be published by the SSC after taking into account the medical examination of the petitioner pursuant to RME. This will take some time.

In the above facts and circumstances, prayer (b), (c) and (d) of the writ petition has become otiose. So far as prayer (a) is concerned, it seeks for a mandatory order directing the respondent authorities to issue the letter of appointment. This prayer also cannot be granted in the facts and circumstances of the instant case.

In view of the submissions made by the respondents nothing further remains to be adjudicated in the writ petition and the same is accordingly disposed of without any order as to costs. It is expected SSC will publish the list after considering the petitioner to be medically fit. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.

(Arindam Mukherjee, J.)