Calcutta High Court (Appellete Side)
Swapna Barman vs The State Of West Bengal & Ors on 9 June, 2010
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
9.06.10 In The High Court at Calcutta
ss Constitutional Writ Jurisdiction
Appellate Side
W.P. No. 11638 (W) of 2010
Swapna Barman
v.
The State of West Bengal & Ors.
Mr Hiranmoy Bhattacharyya
Ms Suman Sehanabis ...for the petitioner.
Mr Tapabrata Chakraborty
Mr Kumaresh Dalal ...for the state.
Mr Amalesh Roy ...for the council.
The petitioner is alleging that the district primary school council has fixed
cut off mark in contravention of the recruitment rules. Counsel for the council
disputes the correctness of the allegation, and submits that the cut off mark has
been fixed strictly according to the recruitment rules.
In view of the cut off mark that has been fixed by the council and the mark
obtained by the petitioner in the examination concerned, the petitioner is not
entitled to participate in the selection process. This has made the petitioner
aggrieved. I think the issue involved should be examined after giving the
respondents opportunity of filing affidavit.
For these reasons, I admit this petition and order that the respondents including the council will be free to proceed with the selection process, conclude the process and make appointment, but that all steps taken by them shall be subject to the result of this petition.
The respondents shall file opposition within five weeks; reply, if any, shall be filed by one week thereafter. Liberty to mention. Certified xerox.
(Jayanta Kumar Biswas, J.)