Kalimpong College Of Pharmacy And ANR. v. The State Of West Bengal And ORS.

` Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Jurisdiction ------ 37 12.09.2024 WPA 904 OF 2024 kc Ct. no.2 ------------ KALIMPONG COLLEGE OF PHARMACY AND ANR.

Vs.

STATE OF WEST BENGAL AND ORS.

Mr. Nabankur Paul, Adv.

Ms. Sutapa Sen Paul, Adv.

Mr. Subham Chanda, Adv.

Mr. Bodhisatya Ghosh, Adv.

....For the Petitioners Ms. Bedashruti Bose, Adv.

Mr. Sumit Kumar, Adv.

....For the State Mr. Suman De, Adv.

Ms. Rajyashree Mukherjee, Adv.

Mr. Sourav Lohani, Adv.

....For the respondent Nos. 2, 3 and 4 The petitioner claims recognition for its diploma course in Pharmacy for the academic year 2024-25. The petitioner submitted its representation dated February 15, 2024, annexure P-12 at page 27 to the writ petition.

The said representation has not yet been disposed of.

In view of the above to sub-serve justice, the respondent no.3 upon serving a prior hearing notice of at least seven days to the petitioners and after granting them an opportunity of hearing shall dispose of the said representation dated February 15, 2024, as

referred to above, by passing a reasoned order in accordance with law.

The entire exercise, as directed above, shall be carried out and completed by the respondent no.3 positively within a period of six weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioners positively within a period of two weeks from the date of the said reasoned order to be passed.

It is made clear that this Court has not gone into the merits of this writ petition and the petitioners shall be at liberty to urge whatever points they wish to urge by relying upon whatever documents and records they wish to rely upon before the respondent no.3 but the same shall not travel beyond the said representation dated February 15, 2024.

In the event the reasoned order goes in favour of the petitioners, the respondent no.2 shall take all necessary and consequential steps to give immediate effect to the said reasoned order positively within a period of four weeks in accordance with law from the date of the said reasoned order to be communicated to him It is made clear that this order shall not create any right of equity in favour of the petitioners if they do not succeed to their claim strictly in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition WPA 904 of 2024 stands disposed of without any order as to costs.

(Aniruddha Roy, J.)