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IN THE HIGH COURT AT CALCUTTA
Debangsu Basak, Md. Shabbar Rashidi, JJ.
Basanta Das – Petitioner
Versus
State of West Bengal & ors. – Respondents
WPA 2613 of 2018, 22522, 22523, 22550, 22773, 22780, 22782, 22785, 22973,
WPA 16844, 18355 of 2019 IA NO: CAN/1/2020
Decided On : 09-01-2024
Party-Respondents - Writ Petition - WPA 25380 of 2022, WPA 13700 of 2021, WPA 5406 of 2023, MAT 458 of 2023, WPA 18585 of 2021, WPA 5538 of 2022, WPA 18381 of 2021, WPA 12270 of 2021 - The court allowed the successful serving candidates to be added as party-respondents in the pending writ petitions. The applications were treated as affidavit-in-oppositions to the writ petitions. The court also granted leave for filing additional affidavits and clarified the procedure for amending the cause-title and incorporating amendments of addition of parties to the writ petitions.
Fact of the Case:
Successful serving candidates applied to be added as party-respondents in pending writ petitions.
Finding of the Court:
The court allowed the successful serving candidates to be added as party-respondents in the pending writ petitions and treated their applications as affidavit-in-oppositions to the writ petitions. The court also granted leave for filing additional affidavits and clarified the procedure for amending the cause-title and incorporating amendments of addition of parties to the writ petitions.
Issues: Application for addition of party-respondents, treatment of applications as affidavit-in-oppositions, filing of additional affidavits, and procedure for amending cause-title and incorporating amendments of addition of parties to the writ petitions.
Ratio Decidendi: The court has the discretion to allow successful serving candidates to be added as party-respondents in pending writ petitions. The court may treat such applications as affidavit-in-oppositions to the writ petitions. The court may grant leave for filing additional affidavits and clarify the procedure for amending the cause-title and incorporating amendments of addition of parties to the writ petitions.
Final Decision: The court allowed the successful serving candidates to be added as party-respondents in the pending writ petitions, treated their applications as affidavit-in-oppositions to the writ petitions, granted leave for filing additional affidavits, and clarified the procedure for amending the cause-title and incorporating amendments of addition of parties to the writ petitions.
JUDGMENT :
In Re.:CAN 5 of 2023 in WPA 25380 of 2022
1. Some successful serving candidates applied by way of CAN 5 of 2023 for being added as party-respondents in the pending writ petition.
2. In view of their stand, it would be appropriate to allow the prayer for addition.
3. Other prayers made in the application are kept open.
4. Learned Advocate-on-record for the writ petitioners is requested to amend the cause-title accordingly.
5. On the prayer made on behalf of the applicants, such application may be treated as an affidavit-in-opposition to the writ petition.
In Re.: CAN 3 of 2023, CAN 4 of 2023, CAN 5 of 2023, CAN 17 of 2023, CAN 21 of 2023, CAN 23 of 2023, CAN 25 of 2024, CAN 26 of 2024 and CAN 27 of 2024 in WPA 13700 of 2021.
6. Some successful serving candidates applied by way of CAN 3 of 2023, CAN 4 of 2023, CAN 5 of 2023, CAN 17 of 2023, CAN 21 of 2023, CAN 23 of 2023, CAN 25 of 2024, CAN 26 of 2024 and CAN 27 of 2024 for being added as party-respondents in the pending writ petition.
7. In view of their stand, it would be appropriate to allow the prayer for addition.
8. Other prayers made in the application are kept open.
9. Learned Advocate-on-record for the writ petitioners is requested to amend the cause-title accordingly.
In Re.:CAN 22 of 2023 in WPA 13700 of 2021
10. On the prayer made on behalf of the applicants, such application may be treated as an affidavit-in-opposition to the writ petition.
In Re.:CAN 23 of 2023, CAN 24 of 2023, CAN 25 of 2023, CAN 26 of 2023, CAN
27 of 2024, CAN 28 of 2024, CAN 29 of 2024 in WPA 5406 of 2023
11. Some successful serving candidates applied by way of CAN 23 of 2023, CAN 24 of 2023 and CAN 25 of 2023, CAN 26 of 2023, CAN 28 of 2024 for being added as party-respondents in the pending writ petition.
12. In view of their stand, it would be appropriate to allow the prayer for addition.
13. Other prayers made in the application are kept open.
14. Learned Advocate-on-record for the writ petitioners is requested to amend the cause-title accordingly.
15. On the prayer made on behalf of the applicants in CAN 26 of 2023, CAN 27 of 2024, CAN 28 of 2024 and CAN 29 of 2024, such applications may be treated as an affidavit-in-oppositions to the writ petition.
In Re.:CAN 2 of 2023 in MAT 458 of 2023
16. Some successful serving candidates applied by way of CAN 2 of 2023 for being added as party-respondents in the pending writ petition.
17. In view of their stand, it would be appropriate to allow the prayer for addition.
18. Other prayers made in the application are kept open.
19. Learned Advocate-on-record for the writ petitioners is requested to amend the cause-title accordingly.
In Re.:CAN 5 of 2023,CAN 6 of 2024, CAN 7 of 2024 and CAN 8 of 2024 in WPA 18585 of 2021
20. Some successful serving candidates applied by way of CAN 5 of 2023, CAN 6 of 2024 and CAN 7 of 2024 and CAN 8 of 2024 for being added as party-respondents in the pending writ petition.
21. In view of their stand, it would be appropriate to allow the prayer for addition.
22. Other prayers made in the application are kept open.
23. Learned Advocates-on-record for the writ petitioners is requested to amend the cause-title accordingly.
24. On the prayer made on behalf of the applicants in CAN 6 of 2024 and CAN 7 of 2024, such applications may be treated as an affidavit-in-oppositions to the writ petition.
In Re.: CAN 4 of 2024 in WPA 5538 of 2022
25. On the prayer made on behalf of the applicants, such application may be treated as an affidavit-in-opposition to the writ petition.
In Re.:CAN 1 of 2023 in WPA 18381 of 2021
26. Some successful serving candidates applied by way of CAN 1 of 2023 for being added as party-respondents in the pending writ petition.
27. In view of their stand, it would be appropriate to allow the prayer for addition.
28. Other prayers made in the application are kept open.
29. Learned Advocate-on-record for the writ petitioners is requested to amend the cause-title accordingly.
30. On the prayer made on behalf of the applicants, such applic
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The court has the discretion to allow successful serving candidates to be added as party-respondents in pending writ petitions and may treat their applications as affidavit-in-oppositions to the writ....
The court has the discretion to allow the addition of parties in writ petitions and to consider the admissibility of supplementary affidavits. The court also has the authority to direct the parties t....
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