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2009 Supreme(SC) 38

S.B.SINHA, J.M.PANCHAL
Paul Enterprises – Appellant
Versus
Rajib Chatterjee & Co. – Respondent


Advocates appeared:
For the Appellant :Mr. Joydeep Mazmumdar, Mr. P. Addey, Mr. Abhishek Sarkar and Ms. Ruby Singh Ahuja, Advocates.
For the Respondents:Mr. Rana Mukherjee, Mr. Siddharth Gautam, Mr. Goodwill Indeevar, Ms. Radha Rangaswamy, Mr. Tara Chandra Sharma and Ms. Neelam Sharma, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. What would be the meaning of the term ‘unemployed youth’ stated in an advertisement issued pursuant to an ‘excise policy’ of the State of West Bengal is involved in these appeals which arise out of a judgment and order dated 8.06.2005 passed by the Calcutta High Court reversing the judgment and order dated 11.06.2004 passed by a learned Single Judge of the said Court in Writ Petition No. 14945 (W) of 2003.

3. The basic fact of the matter is not in dispute.

An advertisement was issued on or about 18.01.2001 by the State of West Bengal inviting applications from companies/firms/societies formed by unemployed youth for the purpose of grant of excise licence for country spirit shops in certain locations. Appellant No. 1, a partnership firm of the appellant Nos. 2 and 3 herein applied therefor. In terms of the said advertisement, respondent No. 1, which is also a partnership firm of which respondent Nos. 2 and 3 are partners as also several others, applied for allotment of the said country spirit shop.

4. In the select list, the appellant No. 1 was placed at Sl. No. 3 whereas the respondent No. 1 was placed at Sl. No. 1. The candidature of


































































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