Union Of India And ORS v. Moumita Ghosh And ORS
12.12.2024 Ct. No. 11 Jayanta MAT 2231 of 2024 with IA No. CAN 1 of 2024 Union of India & Ors.
vs.
Moumita Ghosh & Ors.
Mr. Ashoke Kumar Chakraborty, Ld. ASG Mr. Ramchandra Agarwal Mr. Tapan Bhanja Ms. Rashmi Botra ....For the Appellants.
Mr. S. Bhattacharjee Ms. Rupoma Bhattacharjee ....For the Respondents/writ petitioners The present appeal has been preferred by the Union of India and its functionaries challenging the orders dated 8th November, 2024 and 4th December, 2024 passed by the learned Single Judge in the writ petition being WPA 26786 of 2024.
By the order dated 8th November, 2024, the Inspector General, Central Reserve Police Force, Head Quarters was directed to permit the writ petitioner to participate in the Physical Efficiently Test (in short, PET), if the writ petitioner was otherwise eligible and the matter was made returnable on 21st November, 2024.
Subsequent thereto, an order was passed by the learned Single Judge on 4th December, 2024 directing the respondents in the writ petition to constitute a Board for PET by 12th December, 2024. It was further directed that 'till PET and if the petitioner is successful
in PET, the Detailed Medical Examination (in short, DME) and the Review Medical Examination (in short, RME), if necessary, of the petitioner is not held, the respondents and each one of them should not publish the selection and/or merit list recommending the names of the selected candidates for being given appointment'. Mr.
Chakraborty, learned Additional Solicitor General appearing for the appellants submits that in view of the impugned orders, the selection process pertaining to 46617 candidates all over India would be affected and the selection process would be stalled causing extreme prejudice.
Such argument, as advanced, was glossed over by the learned Single Judge and no finding was returned on the same. Such infirmity warrants interference in the present appeal. Mr. Bhattacharjee, learned advocate appearing for the writ petitioners submits, upon instruction, that pursuant to the orders impugned in the present appeal, the Board for PET was constituted and the writ petitioners were allowed to participate in the same. However, he has no information as to whether the DEM and RME had been conducted.
Answering our query Mr. Chakraborty submits, upon instruction, that in the event, the writ petitioners emerge to be successfully in the PET, RME and DME, their names shall be included in the final selection and/or merit list.
Since the respondents in the writ petition have complied with the impugned orders, there exists no hindrance towards publication of the selection and / or merit list. In the event the writ petitioners emerge to be successful in PET, RME and DME, their names shall be included in the merit list.
In the said conspectus, no further interference is called for in the present appeal.
With the above observations and directions, the appeal and the connected application are, disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)