Dona Samaddar And ORS v. Union Of India And ORS

03.02.2021 MAT 658 of 2020 with I.A No. CAN 1 of 2020 Ct-12 Dona Samaddar & Ors.

Vs.

The Union of India & Ors.

ar Mr. Anindya Lahiri Mr. Samrat Dey Paul ... For the Appellants This appeal has arisen out of an order dated 23rd September, 2020 in a writ petition filed by the aspirants, who are willing to pursue their studies in National School of Drama.

The allegations are that the writ petitioners would be required to answer two questions mandatorily in Hindi and that the admission notice has not been widely circulated. The respondents seem not to have appeared before the learned trial judge despite service of notice by e-mail, as it appears from the affidavit of service. The respondents are also not represented before us despite service by e-mail on 7th October, 2020.

The affidavit of service duly notarized and affirmed on 7th October, 2020 is taken on record. In that event it appears that the writ petition is ready for hearing. We have been informed that the order dated 23rd September, 2020 has been duly communicated to the respondents.

We have been further informed that the respondents have not filed any affidavit.

In the event no affidavit-in-opposition is filed by the respondents, the writ petitioner would be at liberty to mention this matter before the appropriate bench having determination for

consideration of this writ application as an unopposed writ petition.

In view of the order dated 23rd September, 2020 the writ petition should be treated as ready for hearing after expiry of the period for filing affidavits. The ground for refusal to pass an interim order on 23rd September, 2020 is well appreciated.

We feel that adequate protection has been given to the writ petition by the impugned order. Under such circumstances, we do not wish to interfere with the order under challenge.

The appeal and application are accordingly dismissed without any order as to costs.

(Saugata Bhattacharyya,J.) (Soumen Sen, J.)