Md Sajip Shaikh v. Union Of India And ORS.

Form No. J.(2) Item No. 11 Pallab/KS AR(Ct.)

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 18.06.2025 DELIVERED ON: 18.06.2025

CORAM:

THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON'BLE JUSTICE CHAITALI CHATTERJEE (DAS) M.A.T. 724 of 2025 With I.A. No. CAN 1 of 2025 Md. Sajip Shaikh Vs.

Union of India & Ors.

Appearance:- Mr. Debasish Kundu ................for the appellant Mr. Ram Chandra Agarwal Mr. Tapan Bhanja .................for the Union of India (Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.) 1.

This intra-Court appeal filed by the writ petitioner is directed against an order dated May 6, 2025 in W.P.A. 29887 of 2024 passed by the learned Single Bench holding that there is no scope of passing any interim order, as sought for by the appellant to reserve one post. 2.

The learned Single Bench has called for affidavits to be filed and dates have also been fixed for such purpose.

3.

Unless and until the writ petitioner succeeds in the writ petition, the question of the petitioner being directed for re-examination of his medical

fitness would not arise. Therefore, the question of granting any interim order pending the writ petition is not feasible of consideration. Hence the learned Single Bench is fully justified in refusing to grant any interim relief. 4.

Thus, for the above reasons, we find no ground to interfere with the impugned order. Accordingly, the appeal fails and is dismissed. 5.

No costs.

6.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(CHAITALI CHATTERJEE (DAS), J.)