Sengel Singh Saren vs Union Of India & Ors
2021 Latest Caselaw 4323 Cal

19.08.2021            IN THE HIGH COURT AT CALCUTTA
Sl. No.2            CONSTITUTIONAL WRIT JURISDICTION
   (PP)                     APPELLATE SIDE
                         (Via Video Conference)

                           WPA 11937 of 2021

                           Sengel Singh Saren
                                   Vs.
                           Union of India & Ors.

                 Mr. Nirmal Roy,
                 Ms. Shikha P. Chowdhury
                                            ....for the petitioner.
                 Mr. Debasish Saha,
                 Ms. Namrata Chatterjee
                                     ....for the respondent no.1.

Ms. Sweta Mukherjee, Ms. Mou Saha ....for the respondent nos.2 & 3.

The petitioner applied to the Indian Association

for the Cultivation of Science pursuant to an

advertisement dated 20th August, 2019. The

petitioner says that the result of the written

examination has been published on 5th April, 2021.

The petitioner has secured 58 marks in the said

written examination, but till date the petitioner has

not been informed anything about the recruitment

process. The petitioner, therefor, seeks a mandatory

direction upon the respondents to give the petitioner

an appointment to the post of MTS for which the

petitioner had applied.

On behalf of the respondent nos.2 and 3, it is

submitted that the said respondents are the effective

respondents in the writ petition. It is further

submitted that the writ petition is not maintainable

as against the respondent nos.2 and 3 inasmuch as

Indian Association for the Cultivation of Science,

Jadavpur is not an authority within the meaning of

Articles 12 and 226 of the Constitution of India as

held by an Hon'ble Division Bench of this Court by a

judgment and order dated 10th May, 2018 passed in

FMA 16 of 2011 with FMA 28-38 of 2011 with COT 1

of 2011 (Dr. Pushan Majumdar v. Union of India &

Ors.). The said judgment and order has been

challenged before the Hon'ble Supreme Court of India

in a Special Leave to Appeal (C) No.23905-

23914/2018 (Pushan Majumdar Etc. v. Union of

India & Ors.). The Special Leave Petition was made

returnable after four weeks upon issuance of notice

by an order dated 10th September, 2018.

Advocate for the respondent nos. 2 and 3

submits that the said special leave petition is still

pending.

In this facts and circumstances, the writ petition

is adjourned sine die with liberty to mention after

pending issue is decided by the Hon'ble Supreme

Court of India.

Although the petitioner says that the vacancy

against which the petitioner applied for may be filled

up in the meantime, but no orders protecting the

petitioner's right can be made at this stage when the

jurisdiction of this Court which goes to the root of the

matter is in-question. The pendency of the writ

petition, however, will not disentitle the petitioner

from being considered against the subject

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(Arindam Mukherjee, J.)