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2014 Supreme(Cal) 311

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Sukumar Kalsar – Appellant
Versus
Rajsekhar Mondal – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. Soumya Majumder, Mr. Dipayan Kundu, Mr. Sunny Nandy.
For the Writ Petitioner/Respondent No.1: Mr. Partha Dutt, Mr. Asok Kumar Ganguly.
For the State: Md. Yamin Ali, (in FMA 136/2013) Mr. Manas Kumar Sadhu, Ms. Saira Banu.
For the State (in MAT 1789/2012): Mr. Jahar Lal De, Mr. Shamim ul Bari.
For the School: Mr. Milan Chandra Bhattacharya, Authority Mr. Subhajit Panja.

Judgment

Jyotirmay Bhattacharya, J.

Both the writ petitions being W.P. No. 15733(W) of 2010 and W.P. No. 11352(W) of 2009 which were filed by the writ petitioner/respondent No.1 were disposed of by a Learned Single Judge of this Court by a common order dated 27th June, 2012. These two Mandamus appeals are directed against the said order of the Learned Trial Judge at the instance of the appellant who was the respondent No. 7 in both the writ petitions. The respondent no.7 was the selected candidate for the post of clerk in Shyamsundarpur Patna High School (H.S.), Purba Medinipur.

The writ petitioner who was an unsuccessful candidate filed a writ petition being W.P. No. 11352(W) of 2009 challenging the legality of selection of the said respondent no.7. According to him, selection was not made properly. He complained that more marks were awarded to the respondent no.7 in the viva voce test and also in the typewriting test than what he actually deserved. A definite allegation of favouritism was made out against the headmaster of the said school who was also a member of the Selection Committee.

It was alleged that though a panel was prepared after holding the selection test placing the resp

























































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