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2014 Supreme(Cal) 789

SANJIB BANERJEE
Arup Nandi – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Petitioner:Mintu Goswami and Sirsanya Bandopadhyay, Advocates.
For the Respondents:R. N. Bag, Advocate.

JUDGMENT :

Sanjib Banerjee, J.

The petitioner complains of the Regional Director of the Staff Selection Commission having virtually set aside a judicial order though the Union of India had accepted such order by not preferring an appeal therefrom.

2. W.P. No. 22678 (W) of 2013 was carried by the petitioner to this Court claiming, inter alia, that the process of certification referred to in paragraph 4 (C) of the employment notice was only directory. Upon such writ petition being heard, the primary issue that arose therein was formulated as such at paragraph 9 of the order dated December 04, 2013. It is the second sentence of the relevant paragraph which is of greater significance, particularly in the light of the directions issued at paragraph 17 of such order.

3. Paragraphs 9 and 17 of the relevant order of December 04, 2013 are set out:

"9. Only question that arises for consideration is whether the process of certification referred to in paragraph 4 (C) of the employment notice is mandatory or directory. If the process is held to be directory and a method of convenience to take instant proof of qualification, there is no reason as to why the petitioners should not be considered eligib











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