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2021 Supreme(Sikk) 13

J.K.MAHESHWARI
Tara Prasad Sharma, Son of Shri Bhagirath Sharma – Appellant
Versus
State of Sikkim, Through Chief Secretary, Manan Kendra, Development Area, East Sikkim at Gangtok – Respondent


Advocates Appeared:
For the Respondents:Dr. Doma T. Bhutia, Addl. Advocate General with Mr. S.K. Chettri, Govt. Advocate, Mr. A. Moulik, Sr. Advocate assisted by Mr. Ranjit Prasad, Mr. A.K. Upadhyaya, Sr. Advocate assisted by Mr. Thupden Bhutia and Mr. Sonam R. Lepcha, Advocate.

JUDGMENT :

Invoking the jurisdiction under Article 226 of the Constitution of India, challenging the resolution dated 11.08.2017 of Full Court of the High Court of Sikkim recommending to withdraw the appointment of the petitioner made by previous resolution of the Full Court dated 05.07.2017 on the post of Civil Judge-cum-Judicial Magistrate, and to challenge the appointment of respondent no.4 made in place of the petitioner based on the same resolution and vide Office Order dated 08.02.2018 on the same post, this petition has been filed.

2. The facts unfolded of the case are that an advertisement was issued by the High Court of Sikkim on 24.02.2017 inviting applications from the eligible and interested candidates to fill up three vacant posts of Civil Judge-cum-Judicial Magistrate (First Class) in the Cadre of Sikkim Judicial Service, as per Annexure P-9. The petitioner submitted his application form and appeared in the written test. He found place in the list of successful candidates as per notification dated 14.06.2017 and called for the interview. The petitioner appeared in the Viva Voce Test and found place in the Merit List at Sl.No.2 of the selected candidates published on 05.

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