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2023 Supreme(Cal) 450

RABINDRANATH SAMANTA
Haradhan Maity – Appellant
Versus
Indian Statistical Institute – Respondent


Advocates Appeared:
For the Petitioner: Mr. T.M. Siddiqui, Mr. N. Chatterjee.
For the Respondents: Mr. Dhiraj Trivedi, Ld. ASG., Mr. Debapriya Gupta, Mr. Sourav Mondal, Mr. A.K. Gupta, Mr. Subir Sanyal, Mr. R.P. Motilal, Mr. Pabitra Biswas, Ms. Sucharita Biswas.

JUDGMENT :

Rabindranath Samanta, J.

1. Challenging the legality of the appointment of the private respondent no. 10, Dr. Sankar Sarkar, as an Assistant Professor of Physics and Applied Mathematics Unit in Indian Statistical Institute, respondent no. 1, the petitioner has preferred the writ petition being WPA 7680 of 2020. On the other hand, the petitioner has preferred the second writ petition being WPA 7682 of 2020 challenging the legality of the appointments of the private respondent nos. 11 and 12 namely Dr. Ramiz Rahaman and Dr. Swapan Rana as well as the appointment of private respondent no. 10, the said Dr. Sankar Sarkar. Since both the writ petitions are based on some similar set of facts and the reliefs sought for therein may be addressed by a common judgment, both the writ petitions were taken up together for hearing.

2. Shorn of details, the facts which led to filing of the writ petition being WPA 7680 of 2020 may be stated as under:

The petitioner Dr. Haradhan Maity is a permanently handicapped person with 60% disability and he belongs to the category of persons with disability (PwD).

On the basis of his final result, the Indian Statistical Institute, the respondent no. 1 her

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