Susmita Roy vs Mrs. Smritikana Mani
2022 Latest Caselaw 2506 Cal

04.05.2022
sayandeep
Sl. No. 06
Ct. No. 05
                                CPAN 292 of 2022
                                      in
                                WPA 20216 of 2021

                                Susmita Roy
                                  -Versus-
              Mrs. Smritikana Mani, OSD(Nursing), Department of
               Health & Family Welfare(Nursing Branch) & Anr.

                   Mr. Biswaroop Bhattacharya
                   Mr. Subhankar Chakraborty
                   Mr. Saptarshi Bhattacharjee
                   Ms. Ruchira Manna
                                               ...... for the petitioner
                   Mr. Swapan Kr. Datta
                   Mr. Rajat Dutta
                                                      .... for the State
                   Mr. Amitava Chaudhuri
                   Mr. N. Roy
                                  .... for the alleged contemnor No. 2


                  The contempt petition relates to a judgment and

             order passed by this Court on 1st March, 2022.

                  By the said Judgment, the alleged contemnors

             being the office bearers of the West Bengal Joint

             Entrance Examinations Board and the Directorate of

             West Bengal Health Services were directed to consider

             the scores and rank of the petitioner before the said

             scores and rank were revised by notice of cancellation of

             23rd November, 2021.

                  The affidavit of the Board contains documents

             which shows that the Board is now referring the matter

             to the WBHS for guidance as to how to comply

             directions passed by this Court.       The affidavit also

             encloses a mail of 28th December, 2021 which states
                                  2




that the vacancies in the Colleges are being handed over

to the WBHS.        Learned counsel appearing for the

alleged contemnor No.1 submits that the Board has no

further role to play in considering the revised score of

the petitioner since the entire documentation is now

with the WBHS.

     Learned counsel appearing for the State seeks to

take instructions in the matter and submits that the

Board was the entity who had conducted the test in the

first phase.

     After hearing learned counsel appearing for the

parties,   it   appears   to    be   a   case   of   shifting   of

responsibility by one alleged contemnor to the other

which cannot be permitted to continue.                The order

dated 1st March, 2022 and the petitioner continue to be

in a limbo even after more than two months. The State

is directed to file affidavit to bring on record the relevant

facts and more important to fix responsibility on the

entity which is to comply with the direction passed by

this Court. The order in contempt makes it clear that all

the respondents were under an obligation to carryout

the direction passed by this Court.

List this matter on 10th May, 2022.

The State's affidavit to be filed in the meantime.

(Moushumi Bhattacharya, J.)