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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Gouri Das Biswas – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. appellant's challenge to eligibility for fps license. (Para 1 , 2 , 3) |
| 2. allegations of bias and procedural violations in the selection process. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. arguments on the scope of judicial review and locus standi. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. examination of eligibility of appellant and evidence presented. (Para 28 , 29 , 30 , 31) |
| 5. criteria for eligibility outlined in the vacancy notification. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 6. assessment of eligibility of the private respondent. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 7. allegations against private respondent's eligibility. (Para 55 , 56 , 57 , 58 , 59 , 60 , 61) |
| 8. clarification on licensing procedure and mala fides allegations. (Para 62 , 63 , 64 , 65) |
| 9. principles of natural justice in selection process. (Para 66 , 67 , 68 , 69 , 70) |
| 10. continuity of grounds for rejection and primary allegation. (Para 71 , 72 , 73 , 74 , 75) |
| 11. maintainability of writ petition based on eligibility. (Para 76 , 77 , 78 , 79 , 80 , 81) |
| 12. limits of judicial review in administrative selection matters. (Para 82 , 83 , |
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 all eligibility criteria to have standing in challenging an administrative decision; mere dissatisfaction does not confer legal rights.
Parties must demonstrate clear aggrievement to maintain a writ petition against a selection decision, merely participating in the process does not confer actionable standing.
The failure to conduct a fair and transparent selection process for Fair Price Shop Dealers, deviating from established guidelines, constitutes sufficient grounds for annulment of said selections.
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....
Judicial review is justified when administrative decisions lack transparency and fairness in adherence to established procedural guidelines.
An applicant must demonstrate being aggrieved by the selection process to maintain a writ petition challenging licencing decisions.
Selection for public employment must be based on clear, objective criteria, with courts intervening where arbitrary processes are evident.
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
Mere pendency of criminal case without framed charges does not disqualify under dealership advertisement Clause 4; advertisement prevails over application form; delay, investments bar relief; new ple....
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