Bipul Kumar Biswas & Ors vs Union Of India & Ors

Pursuant to our earlier order, Ms. Soma Roy Choudhury, learned advocate for the railways has provided to the learned advocates-on record for the respective writ petitioners the names and particulars of the candidates who were appointed in furtherance of the impugned selection process and were directed to be brought on record.

Upon receipt of such names and particulars, Mr. Dasgupta, learned advocate has furnished a list. The same shall be retained with the records.

Office is directed to incorporate such names in the cause-titles of the writ petitions as added respondents.

Since the appointees have been added as respondents in the respective writ petitions and notices have also been duly served, some of the added respondents are represented by their respective learned advocates. They have voiced a grievance in unison that only notice has been served but not the copies of the pleadings.

We have been shown that the copies of the pleadings were not directed to be served by our earlier order but only notice was directed to be served. Now that we find that several learned advocates are representing the added respondents, all the learned advocates-on-record for the added respondents shall convey to the respective learned advocates-on-record for the writ petitioners expressing desire to obtain copies of the pleadings. While so conveying, the e-mail id of the concerned advocates-on-record for the added respondents shall be provided to the learned advocates-on-record for the writ petitioners, who immediately thereafter shall send by e-mail soft copies of the pleadings to the learned advocates-on-record for the added respondents.

Similarly, rest of the added respondents who have not yet engaged learned advocates shall be at liberty to convey their desire in the aforesaid manner for the purpose of obtaining soft copies of the pleadings.

We are informed that despite being selected, the following individuals did not join and their names and particulars may not be included/may be expunged from the cause-title of the respective writ petitions at their own risk and peril :

Mr. Biswajit Roy of District Nadia, Village - Ashram Para, P.O. Bagula;

Mr. Suraj Rajak, son of Mr. Mahendra Rajak, residing at 17/3, B.D. G. 3rd Lane, Extension Hill View North (near Greeen Park);

Mr. Mithilesh Kushwaha, son of Laxmi Kant Kushwaha, residing at C.M.P.F. Colony, Dhanbad, Jharkhand;

Mr. Priyabrata Sarkar, son of Bhudev Chandra Sarkar, resident of Village - Bagati, P.S. - Basirhat, Dist. -North 24-Parganas,

Mr. Paramesh Debnath, son of late Gour Gopal Debnath, resident of Village -Chotokobla, Dist. - Vidyanagar;

Mr. Soumen Das, residing at 38, Parui Das Para Road, Kolkata - 700 061;

Md. Manir Ali Mondal, son of Md. Basir Ali Mondal, resident of Village - Ghidaha (Rastapara), P. S. - Titagarh, Dist. - 24-Parganas (N);

Rabi Sankar Das, son of Smt. Alpana Das residing at 128, Matikol Paschim Para, of Kolkata - 700 065; and

Mr. Tarun Kumar Mishra, son of Bishnu Pada Mishra, residing at 36, Nazir Lane, Khidirpore, Kolkata - 700023.

It is submitted by Mr. Debabrata Roy and Mr. Ramdulal Manna, learned advocates that their clients despite being selected, did not accept the offer of appointment. In this view of the matter, their clients' names shall be deleted from the cause-title of the respective writ petitions at their own risk and peril. They are required to provide necessary information in this regard to the office for expunging the names of their clients.

Mr. Abhijit Barman, appearing in person, submits that he did not participate in the written test; therefore, his name and particulars may also be expunged from the concerned writ petition. His prayer too stands allowed at his own risk and peril.

The added respondents shall be at liberty to file their affidavits-in-opposition by 15th November, 2019; affidavits-in-reply thereto may be filed by 29th November, 2019. ACO Put up the writ petitions for consideration on 6th December, 2019 under the heading "For Order".