RUMAN MITRA Vs. STATE OF WEST BENGAL
LAWS(CAL)-2022-3-7
HIGH COURT OF CALCUTTA
Decided on March 01,2022

Ruman Mitra Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

MOUSHUMI BHATTACHARYA,J. - (1.)By an interim order dtd. 14/12/2021, this Court had directed the West Bengal Joint Entrance Examinations Board to keep a certain number of seats vacant but had allowed the counselling process to continue. The parties were directed to file affidavits and the matter has now come up for final hearing. The question before the Court, at this stage, is whether, the affidavits filed by the State and the West Bengal Joint Entrance Examinations Board disclose any material grounds for vacating or modifying the interim order and whether the Reply of the petitioner call for further relief.
(2.)The writ petitioner before this Court is serving as nurse in government hospitals and seek to be placed in the Trainee Reserve category in colleges offering Post-graduate and graduate degree courses. A "Trainee Reserve " seat is a coveted post since the Trainee Reserve gets full pay from the Government and is not required to take leave from service for the duration of the course. In the present case, the petitioner has applied for M.Sc. (Nursing) courses as Trainee Reserve candidate. The writ petitioner approached this Court being aggrieved by a notice cancelling a provisional eligibility list dtd. 23/11/2021 and the revised scores and ranks which were made available on the website of the Board on 3/12/2021. The writ petitioner challenged the unilateral cancellation of the list published on 9/11/2021 and the consequential change of marks and rank in the revised Rank Card without notice to the petitioner. The interim order was passed upon the Court being convinced that the petitioner had made out a prima facie case for ad-interim relief pending affidavits.
(3.)The affidavit of the Board indicates that the Answer Keys sent by the West Bengal University of Health Sciences were not separated in two separate parts and that the Board decided to issue the notice dtd. 23/11/2021 cancelling the provisional list pursuant to considering the requests of candidates who had personally approached the Board on 18/11/2021. The affidavit seeks to absolve the Board of any error or latches and puts the blame on the West Bengal University of Health Sciences. The Board also says that the writ petition suffers from misjoinder and non-joinder of necessary parties since the West Bengal University of Health Sciences has not been made a party to the Writ Petition. It is also the stated position of the Board that the petitioner cannot challenge the first round of counselling after having participated in the same.


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