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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Sayan Sutradhar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Jay Sengupta, J.
1. This is an application for review and recall of the judgement and order dated 19.04.2023 passed by this Court in WPA 21631 of 2022 (Pradip Prasad vs State of West Bengal & Ors.).
2. Learned counsel appearing on behalf of the applicant has submitted as follows. The above writ petition has been filed by the petitioner challenging the vacancy notification dated 27.04.2022. The State respondents filed opposition to the writ petition, but writ petitioner did not filed any reply to the said opposition. Vacancy notification dated 27.04.2022 was challenged by the petitioner only on the ground that said notification was not published in the Gazette Notification. At the time of the hearing of the writ petition, the petitioner relied on the un-amended provision of Clause 20 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, but did not place amended provision of Clause 20 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 before this Court. This Court, upon considering the un-amended Clause 20 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, set aside the vacancy
The court upheld that a review can be granted to an aggrieved individual, including non-parties, if vital amendments affecting the case were not earlier considered.
A writ petition challenging the appointment of a fair price shop dealer on compassionate grounds is not maintainable if the petitioner does not have a judicially enforceable right and the authorities....
The rejection of applications for distributorship based on criteria not included in the statutory framework is ultra vires and violates principles of natural justice.
Compliance with court orders, uniformity in vacancy notifications, and transparent selection process
Eligibility criteria outlined in the Vacancy Notification govern the selection process, with non-compliance resulting in rejection of applications. Principles of natural justice do not override estab....
A candidate must meet the established criteria and cut-off marks to be considered for appointment, and vacancies cannot provide an indefeasible right to appointment when the selection process is comp....
The importance of adherence to natural justice, the requirement of performance reports for appointment extensions, and the consideration of public interest in decision-making.
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