TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Rajib Brahma – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
(Tapabrata Chakraborty, J.)
1. In the dispensation of justice, Courts are prevented from innovating at pleasure. Neither can they don the helmet of a ‘knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness’. At all times, Courts are expected to draw ‘inspiration from consecrated principles.’ [See Benjamin Cardozo, ‘The Nature of Judicial Process’]. Bearing such principle in mind, this Court cannot help but observe that there may arise certain situations which require untangling of a complicated mesh of competing rights; where the Court may be required to innovate, not at pleasure but within the realm of perennial common law, principles of equity and good conscience, so as to arrive at an equilibrium of rights i.e., find the best possible solution. Today, this Court finds itself in the midst of one of such situations. The selection of more than 14,000 candidates, is under challenge in the present proceedings. As a natural consequence thereof, their right to livelihood and right to freedom of choosing a profession of their choice, hang in the balance. At the same time, candidates who have assailed the present selection process, are vying for an
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