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2018 Supreme(Cal) 302

DIPANKAR DATTA, SHAMPA SARKAR
State of West Bengal – Appellant
Versus
Rahul Bansal – Respondent


Advocates Appeared:
For the Appellants : Mr. T.K. Mukherjee, Mr. Pranab Halder.
For the Respondents: Mr. Kallol Bose, Mr. Arik Banerjee, Mr. Rajib Mullick, Ms. Saheli Sen, Mr. Rakesh Sankar, Mr. D.N. Maiti, Mr. Supratic Roy.

JUDGMENT :

Dipankar Datta, J.

1. The judgment and order dated May 21, 2018, which is under challenge in this intra-court writ appeal, disposed of a writ petition with certain directions on the very first day it was moved during the last summer vacation of this Court. While hearing an application for stay filed in the appeal, we have heard the parties on the merits of the appeal itself with their consent. We propose to dispose of the appeal and the application together by this judgment and order.

2. The writ jurisdiction of this Court had been invoked by the writ petitioner, who is the first respondent in this appeal, because the second to the sixth respondents in the writ petition (the principal respondents for short, hereafter) were not willing to return to him his documents/certificates relating to his achievements while he was pursuing studies to emerge as a qualified doctor. These included his (i) Bachelor of Medicine and Bachelor of Surgery (MBBS) certificate, (ii) permanent registration certificate of MBBS and (iii) 3rd Professional Part-II final year mark-sheet in original (the documents/certificates for short, hereafter).

3. Shortly put, the essential facts giving rise to the w




























































































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