19/08 2026 AD/51/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/10407/2026 SATYAKI DANDI VS THE STATE OF WEST BENGAL & ORS. Mr. Kanishk Sinha, Advocate ……for the Petitioner Mr. Arka Bhattacharya, Advocate Ms. Renesa Dey, Advocate ……for the State 1. The supplementary affidavit filed by the petitioner is kept on record. 2. The petitioner is aggrieved that his joining to the post of Assistant Professor (Orthopedics) has been withheld on account of criminal proceedings which are pending in Court. 3. The petitioner, however, has drawn the attention of this Court to the decision of the Hon'ble Supreme Court of India in Avtar Singh vs. Union of India reported in 2016 (8) SCC 471. It has been clearly held in the decision that mere pendency of criminal cases cannot ipso facto be a bar to the appointment of an employee, who is otherwise found to be eligible. 4. The petitioner had also made a representation on April 12, 2026. The said representation has not yet been considered and the petitioner has been unable to join the post of Assistant Professor. 5. I direct Respondent No. 2, the Director of Medical Education, Government of West Bengal to consider the representation and dispose of the same strictly in line with the decision rendered by the Hon'ble Supreme Court of India in Avtar Singh (supra). 6. Let the consideration be made within a period of P a g e | 2 four weeks from the date of communication of this order. 7. The resultant order will be communicated to the petitioner within a week thereafter. 8. With the afore-stated direction, the writ-petition is disposed of. No order as to costs. 9. All parties to act on a server copy of this order, duly downloaded from the official website of this Hon’ble Court. (Reetobroto Kumar Mitra, J.)