FORM NO. J (2)

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

THE HON’BLE JUSTICE HARISH TANDON And THE HON’BLE JUSTICE PRASENJIT BISWAS MAT 1810 OF 2024 CAN 1 OF 2024 MOHSIN GAIUR Vs.

THE STATE OF WEST BENGAL & ORS.

FOR THE APPELALNT : MR. EKRAMUL BARI, ADVOCATE MR. S.M. ALI, ADVOCATE MR. SK. IMTIAZUDDIN, ADVOCATE FOR THE STATE : MR. TAPAN KUMAR MUKHERJEE, LD. AGP MR. PINAKI DHOLE, ADVOCATE MR. SOMNATH NASKAR, ADVOCATE MR. JAYANTA SAMANTA, ADVOCATE HEARD ON : FEBRUARY 27, 2025. JUDGMENT ON : FEBRUARY 27, 2025 THE COURT:

1. It is a usual practice at the behest of the State Counsel to divert the issue to a destination which suits them, instead of addressing the core issue involved in the proceeding. Several legislations are placed without considering whether those have any manner of application in relation to the facts involved in the proceeding with intent to avoid the legitimate right or the legal right fructified in favour of the litigant.

2. Be that as it may, the appellant is subject to several round of litigation before this Court, even after being appointed as an Assistant Teacher upon undergoing the rigor of the recruitment process envisaged in