Souvik Mondal v. Union Of India And ORS.

M/L 80 12.07.2022 sb Ct23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 11340 of 2022 Souvik Mondal Vs.

Union of India & Ors.

Mr. Debasish Kundu ... For the petitioner.

Mr. S. N. Dutta ... For the respondents.

Affidavit of service filed in Court today is taken on record.

An unsuccessful candidate, who participated in the selection process, is challenging the decision taken against him in the selection process. The petitioner was declared disqualified for not being able to fulfil the minimum height requirement.

After hearing the petitioner and the respondents and considering the materials on record, I do not find any merit in the writ petition. The scope of challenging the decision of the selection board after participating in the selection process is very limited.

The ground of disqualification is for not fulfiling the eligibility criteria. The writ Court cannot go into this dispute otherwise every unsuccessful/disqualified candidate will knock the door of the Court expressing discontent as to the disqualification on which will result in the writ Court being substituted for

the selection board. This is impermissible in law. The writ petition is accordingly dismissed.

The dismissal of the writ petition will, however, not stand in the way of the appeal preferred by the petitioner, if maintainable in law, from being disposed of, in accordance with the laid down procedure.

(Arindam Mukherjee, J.)