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2008 Supreme(Cal) 1056

Pratap Kumar Ray, Manik Mohan Sarkar
Bimal Barman – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Ekramul Bari, Japan Mukharji, Jayanta Mitra, Kamalesh Bhattacharji, Partha Sarathi Bhattacharjee, Reyaz Hossain, Sayed Mansur Ali, Tapabrata Chakraborty,

JUDGMENT:

1. CHALLENGING the judgment and order dated 12th June, 2007 passed by the learned Trial Judge in the writ application registered as W. P. No. 21128 (W) of 2006, this appeal has been preferred by the writ petitioners. Learned Trial Judge dismissed the writ application on the ground of lack of locus standi to move the writ application by the writ petitioners, which was on the grievance that the respondent No. 10 in the writ application though was not eligible to be recommended by Service Commission and thereby to be appointed in the post of Headmaster due to lack of minimum percentage of marks fixed for academic qualifications from Secondary level to Master degree but was recommended by the School Service Commission and. thereby was appointed for the post of Headmaster in the concerned school, wherein the writ petitioners wards are studying, by committing fraud and suppressing the material facts of his service status in the application seeking recommendation before the School Service Commission and purportedly disclosing the wrong facts to deceive the said School Service Commission for the purpose of availing exemption from the embargo of securing minimum percentage of marks



























































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