Anamika Singh v. Union Of India And ORS.
21.12.2022 Sl. No. 4 Crt.No.11 KB. MAT 2013 of 2022 with IA No. CAN 1 of 2022 Anamika Singh -Vs- Union of India & Ors.
Mr. Ashok Kumar Banerjee Mr. Samiaran Mandal Mr. Abhinaba Dan Mr. Nitish Samanta Ms. Matan Chakraboarty ..... For the Appellant.
Mr. Indranil Roy Mr. Sunit Kumar Roy .... For the State.
Party/parties is/are represented in the order of their name/names as printed above in the cause title. Mr. Banerjee, Learned Senior Counsel, appears for the appellant, who was the writ petitioner before the Hon'ble Single Bench.
Mr. Indranil Roy, Learned Counsel with Mr. Sunit Kumar Roy, Learned Advocate appears for the Respondents/National Medical Commission.
At issue is the claim of the appellant/writ petitioner, who is an aspirant for the National Eligibility cum Entrance Test (Under Graduate) (for short NEETUG), 2022 to be considered for admission under the Persons with Disability (PWD) Quota.
From the submissions of the parties and the materials on record, this Court finds that conflicting factual scenarios have emerged with regard to the extent of the claimed disability suffered by the appellant/the writ petitioner.
This Court therefore finds no infirmity in the Order of the Hon'ble Single Bench directing the factual scenario to be cleared on the basis of affidavits and also keeping the point on maintainability of the writ petition open. Accordingly, no further intervention is required in the appeal. The matter goes back to the Hon'ble Single Bench to be decided as directed by the Order impugned dated 13th December, 2022.
In view of the direction passed above, affidavits are not necessary and hence are not invited. All other allegations to the contrary are deemed to be denied. MAT 2013 of 2022 with IA No. CAN 1 of 2022 stand accordingly disposed of.
All parties to act in terms of a copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.
(Supratim Bhattacharya,J.) (Subrata Talukdar,J.)