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2024 Supreme(Cal) 941

HARISH TANDON, PRASENJIT BISWAS
Arpan Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Subir Sanyal, Subhas Jana, Surojit Mukherjee.
For the Respondents: D.N. Maity, A. Santra, Sanghamitra Nandi.
For the NMC : Indranil Roy, Sunit Kr. Roy.

JUDGMENT :

HARISH TANDON, J.

1. The point on which the writ petition was decided by the Single Bench has not only been taken by the appellant being contrary to law but the horizon of the instant appeal has further been extended on the facts disclosed by the respondent authorities in the affidavit-in-opposition filed to an application for stay; some of which touches upon the facts, some on a pure question of law. We, therefore, permitted the appearing counsel to address all the issues in order to set at rest the issues raised by the writ petitioner in pursuit of rendering the justice.

2. The facts are more or less undisputed so far as the stand of both the parties before us. The petitioner and the respondent no. 4 in the instant appeal were appointed to the post of Demonstrator of Physiology in JNM Hospital, Kalyani. The notification was issued on 11.06.2018 inviting applications from the existing faculty members holding the post of Demonstrator for the promotional post of Assistant Professor in Physiology. It was clearly indicated in the said notification that the application in prescribed format shall be filed with the concerned head of the Department who shall forward the same to th

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