Calcutta High Court (Appellete Side)
Papy Pattanayak & Ors vs Dr. Ajoy Chakraborty & Anr on 18 May, 2022
18.05.2022
Ct. 5
D/L 4
ab
CPAN 301 of 2022
in
WPA 19993 of 2021
Papy Pattanayak & Ors
-Vs-
Dr. Ajoy Chakraborty & Anr.
Mr. Soumya Majumdar,
Mr. Biswaroop Bhattacharya,
Mr. Subhankar Chakraborty,
Mr. Saptarshi Bhattacharjee,
Ms. Ruchira Manna
... for the applicants/petitioners
Mr. Swapan Kumar Dutta,
Mr. Rajat Datta,
... for the alleged contemnor no. 1
Mr. Amitava Chaudhuri,
Mr. N. Roy,
... for the alleged contemnor no. 2
This matter had been adjourned on 10th May,
2022 on the submissions made on behalf of the alleged
contemnors that an appeal had been preferred from the
judgement and order passed by this Court on 1st March,
2022.
Learned counsel appearing for the 21 petitioners
places an order of the Appeal Court dated 13th May,
2022 by which the matter was directed to go out of the
list in view of the delay in filing the appeal.
Learned counsel appearing for the alleged
contemnor no. 1 submits that an application for
condonation of delay has been filed yesterday, i.e. 17th
May, 2022 and that the appeal will be listed when the
Court recommences in June, 2022.
After considering the submissions of the learned
counsel and the order passed by this Court on 10th
May, 2022 in CPAN 290 of 2022, with almost identical
facts, this Court is of the view that there has been clear
contempt of the judgement and order dated 1st March,
2022 by the alleged contemnors. It should be noted that
the stand taken by the alleged contemnors in the
present matter is identical to CPAN 290 of 2022, as
fairly submitted by the counsel for the alleged
contemnors.
The direction in the order in contempt was on the
alleged contemnors to consider the ranks/scores of the
petitioners before the merit list was unilaterally
cancelled by the West Bengal Joint Entrance
Examinations Board on 23rd November, 2021. The
position of the alleged contemnors does not explain any
compliance and merely seeks to shift the blame from
one to the other.
Hence as of date, there is no embargo on the
Court to make a direction on the alleged contemnors for
compliance of the order passed by this Court.
There shall hence be a direction on the alleged
contemnors to keep 21 seats vacant in the Post Basic B.
Sc (Nursing) Course in the Trainee Reserve Category for
the purpose of considering the eligibility of the
petitioners for admission to the course in the Trainee
Reserve Category. The alleged contemnors shall
evaluate the eligibility of the petitioners in accordance
with requisite standards under the relevant Rules but
the consideration must be in relation to the Trainee
Reserve Category seats. If the petitioners are found to
be eligible on the ranks/scores obtained before they
were cancelled, the petitioners shall not be denied seats
in the Post Basic B. Sc. (Nursing) Course against the
Trainee Reserve Category. The exercise of counselling
should be completed within a period of four weeks,
having considered the fact that one round of physical
counselling has already been conducted on 26th March,
2022. The alleged contemnor no. 1 is directed to sort
out the matter of continuing with the selection process
with the Director of Health Services or any other person
authorized by him in compliance with the judgment and
order dated 1st March, 2022.
CPAN 301 of 2022 is disposed of in terms of the
above.
( Moushumi Bhattacharya, J.)
