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2023 Supreme(Cal) 175

LAPITA BANERJI
Liapubam Upendro Sharma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Soumya Majumder, Adv., Mr. Victor Chatterjee, Adv., Mr. B. Basak, Adv.
For the Respondent: Mr. Lakshmi Kumar Gupta, Sr. Adv., Mr. Sandipan Banerjee, Adv., Ms. Amrita Pandey, Adv., Ms. Sneha Singh, Adv.

JUDGMENT :

LAPITA BANERJI, J.

Two writ petitions WPA 18906 of 2022 and WPA 28493 of 2022 were taken up for hearing together. In WPA 18906 of 2022, the writ petitioner challenged the recommendation of the Hon’ble Governor to interview 20 more candidates on May 20, 2022, apart from the 11 short listed candidates. Furthermore, he challenged the recommendation of the Hon’ble Governor dated May 26, 2022 to the Ministry of Culture for appointment of the Private Respondent No.5 as the Director, Eastern Zonal Cultural Centre (EZCC) and also the letter of appointment of the private respondent no. 5, dated July 5, 2022. The petitioner was the second empanelled candidate in the letter of recommendation dated May 26, 2022.

2. In WPA 28493 of 2022, the writ petitioner has, inter alia, prayed for revoking and or rescinding the decision to call the private respondent no. 5 for the interview and for a declaration that the appointment of the private respondent no. 5 is bad in law. He was one of the 20 candidates whose names were recommended by the Hon’ble Governor by a subsequent list.

3. WPA 18906 of 2022 is taken up for consideration first. Common questions of facts and law arise in both the writ pet

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