JUDGMENT :

1. This intra-court writ appeal is directed against an order dated 2nd July, 2019 passed by a learned Judge of this Court whereby a writ petition [W.P. 19942 (W) of 2009] presented by the respondent no. 1 was allowed by granting orders in terms of prayers ‘a’ and ‘b’ as well as prayer ‘c’. Such an order was made by the learned Judge upon formation of opinion that the West Bengal College Service Commission and its Secretary, respondents 3 and 4 in the writ petition, had not filed an affidavit-in-opposition for the same being considered by His Lordship despite direction to that effect having been passed in 2010. The order under appeal did notice that a previous order dated 29th January, 2018 of a learned Judge recorded that the respondents 3 and 4 had filed an affidavit-in-opposition, but His Lordship did not find copy of such affidavit in the records.

2. Although it is true that by application of the doctrine of non traverse statements made in a writ petition could be deemed to have been admitted by the respondents, such doctrine is attracted only when the pleadings are such that grant of relief, as claimed in the writ petition, is only a matter of course. The impugned orde