Supreme Court - Daily Orders
Sanjib Chakraborty vs The State Of West Bengal on 26 October, 2018
Bench: Uday Umesh Lalit, D.Y. Chandrachud
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.10784 OF 2018
(Arising out of SLP (C) No.34931/2017)
SANJIB CHAKRABORTY Petitioner(s)
VERSUS
STATE OF WEST BENGAL & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. Selection was undertaken in 2011 for appointment to 7 posts of general category candidates of Executive Assistants, Gram Panchayat of District Murshidabad, West Bengal. In the examination, certain answers given by the appellant were not evaluated at all. This aspect came to light in the year 2014, whereafter a writ petition was filed by the appellant. His challenge having been rejected, this appeal has been filed in this Court.
3. Since the High Court had found that answers given by the appellant were correct; that the appellant could have been placed Signature Not Verified at Digitally signed by MUKESH KUMAR Serial No.6 and that he would have been in the zone of Date: 2018.10.27 14:09:26 IST Reason:
consideration, this Court had issued notice in the matter.2
4. It has been stated at the bar that one vacancy still continues to exist which fact is not denied by the learned counsel appearing for the respondent-State.
5. In the circumstances, we direct the respondent-State to consider if the appellant could still be appointed against the vacant post. If the appellant is appointed, he shall not claim any seniority or any benefit (notional or otherwise) and such appointment shall for all purposes be a fresh appointment. Let a decision be taken by the respondent-State or the authorities concerned within three months from today.
6. This appeal stands disposed of accordingly.
…………….……………………………….....J. (UDAY UMESH LALIT) …………….……………………………….....J. (DR. DHANANJAYA Y. CHANDRACHUD) New Delhi;
October 26, 2018.
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ITEM NO.52 COURT NO.12 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.34931/2017 (Arising out of impugned final judgment and order dated 19-07-2017 in MAT No. 2016/2016 passed by the High Court At Calcutta) SANJIB CHAKRABORTY Petitioner(s) VERSUS STATE OF WEST BENGAL & ORS. Respondent(s) Date : 26-10-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Anand, Adv.
Ms. Rajeshri Nivuratirao Reddy, AOR For Respondent(s) Mr. Suhaan Mukerji, Adv.
Ms. Astha Sharma, Adv.
Mr. Harsh Hiroo Gursahani, Adv. Mr. Kajal Dalal, Adv.
Ms. Dimple Nagpal, Adv.
M/s. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The civil appeal is disposed of, in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(MUKESH KUMAR) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)