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2012 Supreme(Cal) 876

KALYAN JYOTI SENGUPTA, SHUKLA KABIR SINHA, JOYMALYA BAGCHI
Gobinda Chandra Mondal – Appellant
Versus
Principal, Rabindra Mahavidyalaya – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Gautam Banerjee, Ms. Daisy Basu.
For the Respondent No.1: Mr. Sumit Kumar Panja, Mr. Amal Krishna Saha.
For the State: Mr. Kamalesh Bhattacharyya, Mr. Bidhan Biswas.

JUDGMENT

K. J. Sengupta, J.

1. The above batches of the writ petitions have been dealt with by the learned Single Judge but the same could not be disposed of by His Lordship because of important questions of law that were posed before His Lordship. His Lordship having found conflicting judicial decisions of the Division Bench and as that of learned Single Bench of this Court and further Hon’ble Supreme Court by order dated 2nd March, 2011 placed the matters before the Hon’ble Chief Justice for assignment before appropriate Bench. The point was not formulated in so many words while referring the matter but on reading of the entire judgment and conclusion arrived at it is clear following question of law was staring His Lordship:

Whether a temporary/casual employee can be allowed to participate in the selection process after condoning his age bar as prescribed in deviation of the recruitment rules?”

2. Therefore, individual fact in great detail in the writ petitions is not relevant for this purpose. Suffice it to say that the writ petitioners therein wanted to have relief for participation in the selection process ignoring age bar prescribed in recruitment rules. The learned referring









































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