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2016 Supreme(Cal) 819

DEBANGSU BASAK
Asoke Ghoshal Choudhuri – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Durga Prasad Dutta & Souvik Sen, Advocates
For the Respondent:Pantu Deb Roy & Subrata Guha Biswas, Advocates, Amitava Chaudhuri, M. Chaudhuri & Annesha Kar Gupta, Advocates, B.M. Goswami, Advocate, S. Ghosh, Advocate, M.M. Das & Reshmi Rehman, Advocates

JUDGMENT :

Debangsu Basak, J.

The petitioner has challenged the promotion of the respondent nos. 6 and 7 to the post of Accountant and Cashier of the college. According to the petitioner, he is senior to the respondent no. 7. The appointment to the posts of Accountant and Cashier has to be undertaken on the basis of seniority. The two posts are promotional in nature. The petitioner had participated for the selection for both the posts. He has been unfairly denied the promotion.

2. It has been contended on behalf of the petitioner that, the panel for the selection process was not appropriately constituted. The first statute of the university has been relied upon in support of such contention. Reliance has also been placed on 1988 (Supp.) Supreme Court Cases page 562 (State of Andhra Pradesh & Anr. v. Dr Mohanjit Singh & Anr.) as well as 2013 Volume 12 Supreme Court Cases page 179 (State of Uttaranchal & Anr. v. Shiv Charan Singh Bhandari & Ors.) in this regard.

3. It has been submitted on behalf of the college authorities that, the petitioner had participated for two posts unconditionally. He has been unsuccessful. As an unsuccessful candidate he cannot be allowed to challenge the selec













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