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Calcutta High CourtCO.CT/3/2023disposed

Smt. Ratna Rani Roy v. The Union Of India And ORS.

2023-09-19Hon'Ble Justice Harish Tandon,Hon'Ble Justice Rai Chattopadhyay2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** CO.CT/3/2023 Smt Ratna Rani Roy Vs.

The Union of India and others Mr. KMB Jayapal ... for the petitioner Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents September 19, 2023 [SR] Item No.8 Though several reliefs are claimed in the instant writ petition which in fact have been claimed before the Tribunal but essentially, this is an application seeking fixation of date by the Tribunal for the purpose of passing an ad interim order in the pending Tribunal application.

It appears from the record that the Tribunal application was pressed for interim order on 24th August, 2023 but the same was posted on 31st August, 2023 as the Tribunal found that the counsel for the respondents must be given liberty to place all supportive documents pertaining to keeping the name of the petitioner in a list of ineligible candidates. Our attention is drawn to the fact that even on 31.08.2023, despite the prayer having made for passing an interim order, the Tribunal adjourned the hearing of the said matter and the same is fixed on 8th December, 2023. Considering the nature of the grievance, agony and the anguish shown by the petitioner in relation to the said recruitment examination, the Tribunal ought not to have

adjourned the matter as by the time the same is taken up, position may become irreversible.

Since the Tribunal directed the state authorities to produce all relevant documents concerning the name of the petitioner having put in the list of ineligible candidates, we do not find that there is any justification in keeping the matter in the month of December 2023.

Liberty is granted to the petitioner to move the Tribunal and pray for listing of the instant matter for the purpose of consideration of the prayer for interim order and if such approach is made, the Tribunal shall put the matter within four days therefrom, if necessary by preponing the date. Since the respondents are before us, the counter part before the Tribunal shall be advised to collect all the relevant documents concerning the issue as indicated in the order dated 24th August, 2023 by the Tribunal.

With these observations, the CO.CT/3/2023 is disposed of. No order to costs.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties subject to compliance with requisite formalities.

( Harish Tandon, J. ) ( Rai Chattopadhyay, J. )