Supreme Court - Daily Orders
State Of W.B. vs Managing C.,Nirjharini ... on 5 December, 2017
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.20883 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.16779 OF 2013)
STATE OF WEST BENGAL & ORS. ...APPELLANT(S)
VERSUS
THE MANAGING COMMITTEE, NIRJHARINI
S.B.VIDYALAYA(H.S) ETC. ...RESPONDENT(S)
WITH
CIVIL APPEAL NO.20884 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.16784 OF 2013)
CIVIL APPEAL NO.20886 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.16780 OF 2013)
CIVIL APPEAL NO.20887 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.16782 OF 2013)
CIVIL APPEAL NO.20888 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.16783 OF 2013)
CIVIL APPEAL NO.20889 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.16781 OF 2013)
CIVIL APPEAL NO.20890 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.19185 OF 2013)
CIVIL APPEAL NO.20891 OF 2017
(@ SPECIAL LEAVE PETITION (CIVIL) NO.19202 OF 2013)
O R D E R
Leave granted.
Heard learned counsel for the parties. Signature Not Verified Digitally signed by MADHU BALA Date: 2017.12.06 16:40:23 IST The issue relates to the selection of the Reason: Non-Teaching Staff in the High or Higher Secondary Schools in the State of West Bengal. While the 2 process of selection was pending, the West Bengal School Service Commission (Amendment Act, 2008) and the West Bengal School Service Commission (Selection of persons for Appointment to the Post of Non-Teaching Staff) Rules 2009 were introduced. The applicability of the said Act and Rules is the issue.
Since no vested rights arise in favour of the candidates merely by the initiation of selection process, the new scheme certainly could be applied to the selection process. The learned Single Judge of the High Court took this view which has been reversed in the impugned judgment.
We are of the view that Division Bench is not justified in interfering with the view taken by the learned Single Judge.
Accordingly, we set aside the impugned order and allow these appeals.
…...................J. [ADARSH KUMAR GOEL] NEW DELHI …...................J. 5th DECEMBER, 2017 [UDAY UMESH LALIT] 3 ITEM NO.8 COURT NO.11 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(s) for Special Leave to Appeal (C) No(s). 16779/2013 (Arising out of impugned final judgment and order dated 05-10-2012 in FMA No. 998/2011 passed by the High Court At Calcutta) STATE OF W.B. Petitioner(s) VERSUS MANAGING C.,NIRJHARINI S.B.VIDYALAYA(H.S) Respondent(s) WITH SLP(C) No. 16784/2013 (XVI) SLP(C) No. 16780/2013 (XVI) SLP(C) No. 16782/2013 (XVI) SLP(C) No. 16783/2013 (XVI) SLP(C) No. 16781/2013 (XVI) SLP(C) No. 19185/2013 (XVI) SLP(C) No. 19202/2013 (XVI) Date : 05-12-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Kunal Chatterji,Adv.
Mr. Chanchal Kumar Ganguli, AOR Mr. Parijat Sinha, AOR Mr. Anip Sachthey, AOR For Respondent(s) Mr. T. Mahipal, AOR Mr. Pawan Kumar Bansal,Adv.
Mr. Soumya Chakraborty,Sr.Adv. Mr. Danish Zubair Khan, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed 4 order.
Pending application(s), if any, shall also stand disposed of.
(MADHU BALA) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)