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2011 Supreme(Cal) 1217

SOUMEN SEN, PINAKI CHANDRA GHOSE
Barun Ghosh – Appellant
Versus
Goutam Kumar Saha – Respondent


Advocates Appeared:
For the Petitioners:Jayanta Mitra, Jayanta Mitra, Chhabi Das, Aryan Deb Sarkar, Krishnendu Bera, Advocates.
For the Respondents:Malay Kr. Basu, Nibedita Pal, Ramesh Dhara, Kumar Gupta, Kishore Datta, Advocates.

Judgment :-

Soumen Sen, J.

The interpretation of punctuation ‘/’ used between the expressions “public notification/advertisement” in Clause 23 of the West Bengal Public Distribution System (Maintenance & Control) Order, 2003 as amended by notification No.7044FS dated 18th November, 2004 published in the Kolkata Gazette on 25th March, 2005 given by the learned single Judge in the order dated 5th May, 2010, has been the subject-matter of challenge in this appeal.

The present appellant was not a party to the original writ petition being W.P.No.144 of 2010 in which the said order was passed but was subsequently added as a party respondent in the said proceeding. Since we propose to dispose of the appeal on the interpretation of the punctuation ‘/’ we may only refer to some of the facts that are necessary for determination of the said issue.

In the writ petition, the petitioner has challenged a notice dated 31st December, 2009, being annexure P-3 to the writ petition, inviting applications for filling up the vacancy of Modified Rationing Distributorship at Jamtalahat, Kultali Police Station in South 24 Parganas.

The impugned notice was apparently published only in the office of the Dist



































































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